22 Dec 2008
BODY CORPORATE 185960 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-004-003535
- Citation
- openlaw-2c8188ef_1fad_4c46_a9fd_86d13c39ca78.pdf
- Court
- High Court
The defendant B Gailer was a developer and, alternatively, was the project manager for Kilham Mews; he owed and breached the non-delegable duty to exercise reasonable skill and care which caused leaky building damage requiring full re-cladding and ancillary repairs; Kilham Mews Limited was a bare trustee and did not absolve Mr Gailer of developer liability; accordingly plaintiffs succeed on liability and entitlement to damages with quantification deferred; apportionment of liability between developer and council is 80% (Gailer) and 20% (North Shore City Council).