30 May 2007
STRUTHERS V PATTERSON CO-PARTNERS ARCHITECTS LIMITED AND ORS HC AK CIV-2003-404-3232
- Citation
- openlaw-86336c3b_1914_4598_9246_b7f73b8b97a9.pdf
- Court
- High Court
Claims in negligence against the ninth defendant (Attorney-General/BIA) and against BRANZ (tenth defendant) are struck out because the statutory scheme, the regulatory/quasi-legislative character of the BIA's functions and the tenuous nexus between BRANZ and homeowners preclude imposing the alleged duties of care; Sacramento is binding and dispositive on proximity and policy issues. The plaintiffs' FTA claim against BRANZ is not sufficiently untenable to be struck out and may proceed with amendment.