31 Aug 2016
The defendants were the developers and therefore owed a non-delegable duty of care; they breached that duty causing identifiable defects and loss; plaintiffs proved reasonable remediation and other losses; judgment entered for plaintiffs for quantified sums and the intituling was amended to record aliases under High Court Rules r 1.9.
22 Dec 2008
The defendant B Gailer was a developer and, alternatively, was the project manager for Kilham Mews; he owed and breached the non-delegable duty to exercise reasonable skill and care which caused leaky building damage requiring full re-cladding and ancillary repairs; Kilham Mews Limited was a bare trustee and did not absolve Mr Gailer of developer liability; accordingly plaintiffs succeed on liability and entitlement to damages with quantification deferred; apportionment of liability between developer and council is 80% (Gailer) and 20% (North Shore City Council).