26 Jan 2018
CAPITAL AND COAST DISTRICT HEALTH BOARD v BECA CARTER HOLLINGS & FERNER LIMITED [2018] NZHC 24
- Citation
- [2018] NZHC 24
- Court
- High Court
Summary judgment granted for the individual construction manager (Mr Smith) because he did not assume personal responsibility by signing the Producer Statement and no duty of care to CCH could be imposed on him. CEM's summary judgment was refused because it had not shown as a matter of law that no duty of care could exist and factual/expert disputes (notably asserted axial die lines and related causation) could not be resolved on affidavit evidence alone. FCC's guarantee claim was struck out because the executed blanket guarantee was limited to weathertightness and specialist service guarante…