12 Apr 2010
A E S LEE, J H KIM AND M BEVERIDGE AS TRUSTEES OF THE ROY FAMILY TRUST V NORTH SHORE CITY COUNCIL AND ANOR HC AK CIV-2009-404-002091
- Citation
- openlaw-fba89256_180c_40f2_bab8_9696153e0b44.pdf
- Court
- High Court
The plaintiffs' contract claim for breach of vendor warranty against the second defendants is not statute-barred and remains tenable (Limitation Act approach and Klinac v Lehmann reasoning), but the plaintiffs' tort claim against the second defendants is time-barred by the Building Act 2004 s393(2) because all acts or omissions giving rise to alleged builder liability were completed by March 1998; the first defendant's statutory contribution claim under the Law Reform Act is barred by s393(2) but the first defendant may plead a claim for equitable contribution among defendants for apportionme…