14 Aug 2014
On the evidence the Tribunal correctly found that Sayles acted as the project manager who assumed responsibility for the works, owed a duty of care to the Adams, breached that duty, and the High Court on rehearing concurred with those factual and legal conclusions; the appeal is dismissed.
22 Dec 2008
The defendant B Gailer was a developer and, alternatively, was the project manager for Kilham Mews; he owed and breached the non-delegable duty to exercise reasonable skill and care which caused leaky building damage requiring full re-cladding and ancillary repairs; Kilham Mews Limited was a bare trustee and did not absolve Mr Gailer of developer liability; accordingly plaintiffs succeed on liability and entitlement to damages with quantification deferred; apportionment of liability between developer and council is 80% (Gailer) and 20% (North Shore City Council).