11 Oct 2016
BU-RYE LEE AND JEOM-YOUL LEE v AUCKLAND COUNCIL [2016] NZHC 2377
- Citation
- [2016] NZHC 2377
- Court
- High Court
The Council was not negligent in its inspection regime because it was reasonable in the circumstances to rely on producer statements for a BRANZ‑approved cladding system; however the Council breached the statutory duty to issue a notice to rectify on 4 March 2004 and that failure was a material cause of the Lees' loss; the Lees' failure to obtain a LIM constituted contributory negligence and damages must be reduced (court fixed reduction at 50%); damages measured by diminution in value between a house with and without defects and do not include costs of sale.