30 Sept 2008
BODY CORPORATE 188529 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230
- Citation
- openlaw-137ef806_bfe1_42a2_ba9b_13a606a3aa8c.pdf
- Court
- High Court
The developers breached a non-delegable duty to supervise construction and are liable for economic losses caused by identified weathertightness defects; reasonable targeted repairs undertaken on expert advice count as failed mitigation and damages include full re-clad costs plus wasted repair costs; individual plaintiffs are entitled to general distress damages of $25,000 each on the facts; Council settled with plaintiffs but is entitled to a contribution from developers apportioned 85% to developers and 15% to Council; designer succeeds on prior dismissal of plaintiffs' claim.
- Weathertightness defects
- Damages - economic loss and repair costs
- General damages for distress
- Mitigation and novus actus interveniens
- Contribution between tortfeasors