21 Apr 2011
NORTH SHORE CITY COUNCIL V BODY CORPORATE 207624 COA CA760/2009
- Citation
- COA CA760/2009
- Court
- Court of Appeal
Majority: where a multi-storey building is predominantly commercial and any residential component is incidental and does not alter the building's essential commercial character, a territorial authority does not owe a Hamlin duty of care to owners of the commercial units or to the residential owners for the purpose of pursuing building-wide weathertightness claims; code compliance certificates do not give rise to negligent misstatement liability to purchasers absent actual reasonable reliance for the purchase purpose. Consequently summary judgment for the Council was entered and negligence and…