25 Feb 2014
JOONG SONG KWAK and HYE SOOK KWAK v HYUN SU PARK (also known as MARIO PARK and DUK SUN LIM [2014] NZHC 275
- Citation
- [2014] NZHC 275
- Court
- High Court
The High Court concluded that the novel and exceptional question whether a developer's non-delegable duty extends to private certifier inspection should be determined by a superior court; accordingly the appropriate course was to transfer the proceedings to the Court of Appeal under s64(1) of the Judicature Act 1908 rather than decide the point in the first instance.