16 Dec 2011
COLE V PINNOCK & ORS HC AK CIV-2011-404-003743
- Citation
- openlaw-9292be20_14db_4983_8444_794dcd626558.pdf
- Court
- High Court
The appeal was dismissed: the court held the plaintiffs' cause of action in respect of the systemic weathertightness defects did not accrue before the Prendos destructive testing in 2003; earlier isolated leaks and repairs did not render the entire claim time‑barred; the limitation inquiry is fact‑specific applying the reasonable discoverability test to the outward manifestations of latent defects; the plaintiffs were not contributorily negligent nor did they fail to mitigate.