14 Mar 2014
HITEX BUILDING SYSTEMS LIMITED v I C HOLYOAKE [2014] NZHC 475
- Citation
- [2014] NZHC 475
- Court
- High Court
The High Court held the Tribunal did not deny natural justice or act with bias, its management of expert evidence and exclusion of late material was within its statutory discretion, the Tribunal's findings of negligence against Hitex and partial personal liability of Holyoake were open on the evidence, a targeted repair would likely require a producer statement which Holyoake/Hitex refused to provide making a full reclad necessary, and it was equitable to increase Hitex/Holyoake's contribution to 73% for refusing to warrant targeted repairs; appeal dismissed.