1 Jul 2021
HSU v MAHONEY [2021] NZHC 1611
- Citation
- [2021] NZHC 1611
- Court
- High Court
The tanking system was defectively constructed by BIL (Bushnell) and the curtain injection remediation was inadequate; BIL breached contract and owed and breached a duty of care in negligence for the defective tanking and failure to effect proper remediation including the contractual promise to excavate and replace the tanking when injections failed. Lance Austin owed a duty and breached it by encouraging Practical Completion and persisting with ineffective injections, but his breaches did not cause the original defect so he is liable only for concurrent general damages, not remediation costs…