New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Weathertight homes process

Legal area

Court

5 Apr 2022

BODY CORPORATE 355492 v QUEENSTOWN LAKES DISTRICT COUNCIL [2022] NZHC 678 [5 April 2022]

Citation

[2022] NZHC 678
Court

High Court

The amendment to add bathroom pod defects introduced new factual allegations and an essentially different claim for relief that had not been pleaded within 10 years of the relevant act or omission; consequently those parts of the statement of claim are barred by the s393 Building Act 2004 longstop and are struck out, and the corresponding third party claim against the bathroom manufacturer is also struck out.
20 Oct 2016

CROSS & ORS v QUEENSTOWN LAKES DISTRICT COUNCIL [2016] NZHC 2503

Citation

[2016] NZHC 2503
Court

High Court

On the pleadings and the affidavit evidence there was a bona fide and non‑speculative basis for the plaintiffs' assertion they owned the property as trustees; disputed factual issues on ownership could not be resolved on strike‑out; pre‑issue delay alone did not justify striking out, the Council did not establish inordinate post‑issue delay or serious prejudice, and potential inability to join third parties did not constitute a misuse of process warranting strike‑out. Therefore the strike‑out application was dismissed.