18 Jun 2014
FINNIGAN, TINOS TRUSTEE LIMITED and CARYTIDS TRUSTEE LIMITED v AUCKLAND COUNCIL [2014] NZHC 1390
- Citation
- [2014] NZHC 1390
- Court
- High Court
Interpreting the 10 May 2006 settlement in its factual context (a payment 'wash-up' of project disputes) the court found it was arguable that the release did not clearly extend to latent weathertightness claims discovered later; accordingly the architect did not establish a watertight defence and the summary judgment and strike out applications were dismissed.