16 Apr 2013
HERITAGE HEIGHTS LIMITED V SINCLAIR BROS BUILDING LIMITED & Ors HC INV CIV-2009-425-000137
- Citation
- openlaw-e5e3610e_094d_4e58_9dd0_c0393b6a6f8b.pdf
- Court
- High Court
The individual defendants (Graham and Stephen Sinclair) were personally liable because each personally participated in and exercised control over the construction works such that they owed a duty of care; their negligent acts and omissions caused the defective work and foreseeable consequential losses (remedial costs, delayed-settlement bank interest, prosecution costs), and the company is contractually liable for remediation; misappropriations were proven against individual actors as determined.