10 Mar 2014
On the pleaded facts this is a transaction case: any material economic loss caused by the Council's negligent omission in the LIM was suffered, at the latest, on 30 September 2005 when the respondents bought the motel for more than it was worth; therefore the claim was time‑barred by the Limitation Act 1950 and must be struck out under Altimarloch principles.
30 Aug 2010
The High Court held that pre-lodgement paid advisory meetings are materially different from quasi-judicial statutory consent decisions; the policy considerations relied on in Morrison and Bella Vista do not automatically negate a Hedley Byrne negligent misstatement duty in the pre-application advisory context, and therefore it could not be said at strike out stage that no duty could be owed; the strike out was quashed and the negligence claim reinstated.
13 Jul 2010
Leave to appeal was granted to determine whether and in what circumstances a territorial authority carrying out Building Act regulatory functions owes a duty of care to purchasers (including investor and subsequent purchasers); the proposed cross-appeal by Blue Sky regarding negligence in issuing a LIM was dismissed because a LIM accurate on its face does not impose an obligation on the authority to re-examine earlier documents and treating a LIM as restarting limitation periods would be contrary to legislative intent.