2 May 2013
DEEMING V EIG-ANSVAR LIMITED & ORS HC AK CIV-2011-404-6476
- Citation
- openlaw-7cbfcaac_a8d8_4b25_9f90_d670d2bf7a27.pdf
- Court
- High Court
The Court held Geotek's geotechnical reports were not "building work" for the purposes of s393 Building Act 2004 because they assessed general suitability of subdivided land and were not design or construction work for any specific house, so the s393 long-stop did not bar the proceedings; the plaintiff's negligent misstatement claim against Geotek was struck out because there was no pleaded or evidential actual reliance or direct dealing by the plaintiff and the clear disclaimer excluded liability; however misleading or deceptive conduct claims under the Fair Trading Act were not struck out a…