New Zealand Case Law: Decisions & Judgments

Topic

Developer non-delegable duty

Legal area

Court

7 Mar 2017

BODY CORPORATE 346799 v KNZ INTERNATIONAL CO LIMITED [2017] NZHC 511

Citation

[2017] NZHC 511
Court

High Court

The Court found KNZ (developer) and Multiplex (head contractor) each liable for the cladding, balcony, podium and passive fire protection defects by breaching non-delegable and/or independent duties of care, dismissed KNZ's limitation and contributory negligence defences for lack of evidence, accepted plaintiffs' quantum for remedial costs, consequential losses and general damages in the amounts assessed, apportioned liability 85% to KNZ and Multiplex and 15% to Auckland City Council, and granted the Council contribution judgment for 85% of its settlement from KNZ and Multiplex together with…
9 Nov 2011

SPARGO V FRANKLIN HC TAU CIV-2010-470-000091

Citation

openlaw-ee0b6033_831e_42ab_86a0_942441e195e9.pdf
Court

High Court

On appellate review the Court found MCL was the developer; the Spargos acted as directors of MCL and were not personally developers; they did not assume the requisite personal control or responsibility to incur a non-delegable duty or personal director liability for the building defects; the works were caused or permitted by MCL so the trustees who sold unit 11 were not personally liable under the vendor warranty for works carried out by MCL; therefore the Tribunal's findings of personal developer liability were set aside and cross-appeal dismissed.
5 May 2009

MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR V GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR HC AK CIV 2007-404-253

Citation

openlaw-2a59d4cd_1d45_4253_95bc_a606d9268767.pdf
Court

High Court

The memorandum of transfer constituted written notice and acceptance of the assignment so the assignees were entitled to sue and the contractual claims were not statute‑barred; there were genuine disputes of fact as to developer and head‑contractor status such that summary judgment and strike out were inappropriate.
3 Dec 2008

BODY CORPORATE NO 199348 AND ORS V NIELSEN HC AK CIV 2004-404-3989

Citation

openlaw-66bf2319_0616_4807_bac5_eb07e77ce549.pdf
Court

High Court

On the facts the defendant, Mr Greg Nielsen, personally attended site, gave day-to-day instructions, coordinated trades and assumed personal responsibility for supervision; accordingly he was in control of the site and is personally liable as a joint tortfeasor with the development companies under the non-delegable duty of a developer (Mount Albert principle and Morton analysis). Trevor Ivory did not preclude liability on these facts.

New Zealand Case Law

BODY CORPORATE 346799 v KNZ INTERNATIONAL CO LIMITED [2017] NZHC 511

SPARGO V FRANKLIN HC TAU CIV-2010-470-000091

MILES HUNTER NATHAN, JAMES DENIS TAIT, MICHAEL GERARD CURTIS AND ANOR V GEOFFREY STEPHEN SMITH, CAROLYN SMITH AND ANOR HC AK CIV 2007-404-253

BODY CORPORATE NO 199348 AND ORS V NIELSEN HC AK CIV 2004-404-3989