8 Oct 2008
LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2007-404-1352
- Citation
- openlaw-3b07a3a3_13f0_417a_a33d_3d7ece3b751c.pdf
- Court
- High Court
The Building Defects Exclusion, read literally and in context, excludes indemnity for claims arising directly or indirectly from leaks/water penetration including negligent failure to detect such defects in a non-invasive survey; however, factual disputes exist as to whether the broker was authorised by QBE to represent that the exclusion did not apply to consultancy work. Those disputes are material and not appropriate for resolution on summary judgment or strike out, so the interlocutory applications must be dismissed.