1 Mar 2012
SCANDLE v FAR NORTH DISTRICT COUNCIL COA CA619/2010
- Citation
- COA CA619/2010
- Court
- Court of Appeal
Appeal dismissed because the Council's procedural defaults either were not negligent in the pleaded manner or were not a material and substantial cause of the appellant's loss; intervening conduct by the builder (failure to follow approved remedial design) and the private certifier's approval broke causation and made the Council's initial omissions not causative; the trial judge applied the correct test for causation and the Council reasonably relied on experts and the private certifier regime.