3 Dec 2008
BODY CORPORATE NO 199348 AND ORS V NIELSEN HC AK CIV 2004-404-3989
- Citation
- openlaw-66bf2319_0616_4807_bac5_eb07e77ce549.pdf
- Court
- High Court
On the facts the defendant, Mr Greg Nielsen, personally attended site, gave day-to-day instructions, coordinated trades and assumed personal responsibility for supervision; accordingly he was in control of the site and is personally liable as a joint tortfeasor with the development companies under the non-delegable duty of a developer (Mount Albert principle and Morton analysis). Trevor Ivory did not preclude liability on these facts.