14 Dec 2022
BECA CARTER HOLLINGS & FERNER LIMITED v WELLINGTON CITY COUNCIL [2022] NZCA 624 _x000b_
- Citation
- [2022] NZCA 624
- Court
- Court of Appeal
The Court held s 393(2) Building Act 2004 (10-year long-stop tied to the date of the act or omission) does not preclude a defendant's statutory claim for contribution under the Law Reform Act; contribution claims accrue only when the claimant's liability to the original plaintiff is quantified and are governed by the bespoke limitation regime in the Limitation Act (LA 1950 s 14 or LA 2010 s 34), accordingly the Council's contribution claim was not time‑barred; summary judgment was refused because genuine factual disputes (including whether Beca remained on task or had continuing duties after…