3 May 2023
MCFALL v BAYLEY DEVELOPMENTS LIMITED (trading as FABRICATORS BUILDERS RENOVATORS) [2023] NZHC 1040
- Citation
- [2023] NZHC 1040
- Court
- High Court
The appeal is dismissed in most respects because the High Court will not disturb the District Court's factual findings absent persuasive proof; actual labour charges supported by contemporaneous timesheets were reasonable in the absence of cogent evidence to the contrary; cost of cure is appropriate unless disproportionate, and where practicable, proportionate remedial options advanced by respondent were preferred. Two discrete errors were remedied: the award for defect 1 was increased to $10,678.70 and BDL was ordered to pay $1,020.00 for finishing works for the foam backing rod, producing a…