12 May 2021
BNZ BRANCH PROPERTIES LIMITED v WELLINGTON CITY COUNCIL [2021] NZHC 1058
- Citation
- [2021] NZHC 1058
- Court
- High Court
The Court held the Building Act 2004 s 393(2) longstop does not automatically bar contribution claims under s 17 Law Reform Act; Parliament, via the Limitation Act 2010 s 34, enacted a specific regime and two-year limitation for contribution claims and that specific scheme governs ancillary contribution claims rather than the Building Act ten-year longstop; accordingly the Council's third‑party contribution claim could not be struck out as plainly statute‑barred and summary judgment was inappropriate.