9 Feb 2017
The Supreme Court had no jurisdiction because the High Court decision was final under s 95(2)(b) of the Weathertight Homes Resolution Services Act 2006, which displaces the general right of appeal under the Judicature Act; accordingly the application for leave to appeal is dismissed and costs are awarded to the third respondents.
22 Dec 2016
Section 37(1) of the WHRS Act stops the Limitation Act clock from the date an owner files an application for an assessor's report and that effect extends to subsequent court proceedings; filing for an assessor's report is therefore to be treated as the filing of proceedings for Limitation Act purposes, and termination of adjudication under s 60(5) does not of itself extinguish the underlying claim absent termination under s 56, so the High Court summary judgment was set aside.
19 Apr 2013
The Court refused to adjourn for further evidence because the Council failed to identify specific admissible extrinsic evidence that could materially affect the outcome; absent a clear showing of material admissible evidence, the substantive hearing will proceed as scheduled and any application for adjournment must specify the extrinsic evidence sought to be led and why it is admissible and material.
30 Jan 2013
The applicant demonstrated a recognisable caveatable interest by relying on the settlement agreement and, absent any opposition or disputed facts from the respondent, established a reasonably arguable case for maintaining the caveat; accordingly the court ordered that the caveat shall not lapse under s145A.
27 Jul 2012
The phrase "amount at issue" in s93 refers to the amount at issue on the appeal (the amount required to be paid under the tribunal determination by the person filing the appeal); because that amount ($4,564.35) was below $200,000 the High Court had no jurisdiction and the appeal was dismissed for want of jurisdiction.
17 May 2012
Section 95(2)(b) of the WHRS Act, read in its text and statutory purpose, makes a High Court determination on appeal from the Weathertight Homes Tribunal a final determination of the claim, and that specific statutory finality displaces the general appeal rights in ss66 and 67 of the Judicature Act so there is no second appeal to the Court of Appeal.
10 Jun 2011
s60(5) bars adjudication only while a parallel court or arbitral proceeding subsists; it does not operate to extinguish an eligible tribunal claim after a prior court proceeding has been struck out; transfer and abandonment provisions applicable to active adjudications do not extend s60(5) to capture merely eligible dormant claims; res judicata, election or abuse of process may still bar a resumption but they did not apply on these facts; accordingly the appellants' claim remained eligible and the Tribunal's strike out was overturned.
30 May 2008
Filing an application for an assessor's report under the Weathertight Homes Act within the ten-year period operates to stop time running under the Building Act long-stop as to all potential parties; consequently joinder of additional parties after that filing is not barred by s393(2). The Tribunal's refusal to strike out the Kells was within its discretion and not Wednesbury unreasonable. Interlocutory refusals that are not final determinations are not appealable and judicial review is discretionary and should not be used to circumvent the Act's appeal scheme; both the appeal and review were…