25 Aug 2009
QUEENSTOWN LAKES DISTRICT COUNCIL V CHARTERHALL TRUSTEES LTD AND ANOR CA CA441/2008
- Citation
- openlaw-ea4d91be_348a_4c83_9f78_70f402020d8b.pdf
- Court
- Court of Appeal
The Court allowed the appeal and struck out Charterhall's claim against the Council because the Hamlin duty protecting residential owners does not extend to commercial building owners in these circumstances: Charterhall was a sophisticated commercial operator with its own advisers, there was insufficient proximity and policy reasons weigh against imposing a duty of care to protect commercial economic interests, and the Building Act does not support creating such a common law duty in this context.