10 Nov 2015
LEE v WHANGAREI DISTRICT COUNCIL [2015] NZHC 2777
- Citation
- [2015] NZHC 2777
- Court
- High Court
The court held that on the undisputed contemporaneous evidence Ms Lee discovered or with reasonable diligence could have discovered the weathertightness defects and resulting economic loss by April/May 2008 (including Beattie reports, field advice notices, photographs, correspondence and inspections); the WHRS application did not preserve time for a subsequent High Court proceeding; later identification of additional defects by Mr Gill did not create a new cause of action sufficient to defeat the limitation defence because the damage was continuous and the earlier discovery established accrua…