22 Jul 2022
Leave to appeal was granted because the application of the Building Act s 393 longstop to the pleaded bathroom pod claims raises a question of law capable of bona fide and serious argument and the significant private interest ($7,665,000) outweighs the costs and delay of further appeal; the Council did not oppose leave.
5 Apr 2022
The amendment to add bathroom pod defects introduced new factual allegations and an essentially different claim for relief that had not been pleaded within 10 years of the relevant act or omission; consequently those parts of the statement of claim are barred by the s393 Building Act 2004 longstop and are struck out, and the corresponding third party claim against the bathroom manufacturer is also struck out.
21 Oct 2019
Leave to appeal and an adjournment were refused. The balance of convenience favoured proceeding to the substantive hearing because plaintiffs faced significant financial prejudice and the interlocutory appeal risked being overtaken or rendered academic by trial findings; defendants retain the right to appeal limitation issues after final judgment and may seek costs if vindicated.