17 Aug 2010
BODY CORPORATE 169791 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2004-404-5225
- Citation
- openlaw-b600d156_858d_42e8_ad9b_d46e6177b67f.pdf
- Court
- High Court
Section 393(2) of the Building Act 2004 applies to all civil proceedings relating to building work and thereby overrides s17(1)(c) Law Reform Act and s14 Limitation Act insofar as contribution claims based on allegedly defective building work are concerned; the Council's pleaded third party claim, as filed and as amended, related only to waterproofing work carried out by General Manukau prior to the ten year cutoff and was therefore statute‑barred and disclosed no reasonably arguable cause of action and must be struck out (summary judgment alternatively entered).