16 Sept 2010
FINDLAY AND SANDELIN V AUCKLAND CITY COUNCIL AND ANOR HC AK CIV-2009-404-6497
- Citation
- openlaw-633a1c3d_3f2b_4285_95b5_e8562a8105ee.pdf
- Court
- High Court
The High Court held that both Auckland City Council and the labour-only builder (Slater) were negligent and jointly liable for the leaky building damage: Slater was not exonerated by being a labour-only contractor and owed a duty to build competently; the Trust's contributory negligence was assessed at 40% (not 85%); remaining liability for the two primary causes (fascia and windows) was apportioned 80% to Slater and 20% to the Council, with the concreting defect borne by the Council; the Trust is entitled to general damages of $17,000 reduced for contributory negligence and apportioned betwe…