5 Aug 2021
BODY CORPORATE 384825 v QUEENSTOWN LAKES DISTRICT COUNCIL [2021] NZHC 2019
- Citation
- [2021] NZHC 2019
- Court
- High Court
The amended statement of defence did not comply with the May Judgment because the schedules failed to specify which pleaded defects each document/recommendation related to and which plaintiffs were put on notice for each defect; therefore the Council must replead particulars per unit owner identifying the specific defects relied on, the specific documents/reports and paragraph/page references that put that owner on notice, and must specify for contributory negligence whether knowledge is actual or imputed, identify agents and the facts giving rise to agent knowledge; failure to mitigate parti…