21 Mar 2017
INVERCARGILL CITY COUNCIL v SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST [2017] NZCA 68
- Citation
- [2017] 2 NZLR 650
- Court
- Court of Appeal
The appeal is allowed because although the Council negligently issued a code compliance certificate, the Trust's claim in negligent misstatement failed for want of specific reliance and causation; the Council owed only a limited duty to ensure adequate evidence (e.g. PS4/precamber measurements) before certification, but the Trust did not prove it relied on the certificate to forgo inspection and remedial steps; accordingly the High Court award is set aside and judgment entered for the Council (cross-appeal dismissed except leave reserved on GST).