22 Mar 2010
NORTH SHORE CITY COUNCIL V BODY CORPORATE 188529 AND ORS CA CA673/2008
- Citation
- openlaw-b76ebd65_87de_4e2e_a8a9_019c69282b21.pdf
- Court
- Court of Appeal
The Court held that the Hamlin duty of care survives the Building Act 1991 and extends to apartment and multi-unit residential developments and to owners including subsequent owners and investors/assignees where the intended use was residential; territorial authorities owe a duty to take reasonable steps in granting building consents, performing inspections and issuing code compliance certificates and the LIM regime does not extinguish that duty; designers may be liable for negligently issuing false practical completion certificates when relied upon by purchasers; limitation and causation pri…