9 Nov 2011
SPARGO V FRANKLIN HC TAU CIV-2010-470-000091
- Citation
- openlaw-ee0b6033_831e_42ab_86a0_942441e195e9.pdf
- Court
- High Court
On appellate review the Court found MCL was the developer; the Spargos acted as directors of MCL and were not personally developers; they did not assume the requisite personal control or responsibility to incur a non-delegable duty or personal director liability for the building defects; the works were caused or permitted by MCL so the trustees who sold unit 11 were not personally liable under the vendor warranty for works carried out by MCL; therefore the Tribunal's findings of personal developer liability were set aside and cross-appeal dismissed.