26 Jul 2010
THE ATTORNEY-GENERAL AS SUCCESSOR TO THE ASSETS & LIABILITIES OF THE BUILDING INDUSTRY AUTHORITY V NORTH SHORE CITY COUNCIL AND ORS CA682/2008
- Citation
- openlaw-474245da_41f7_4f94_9ef2_57443a9db09d.pdf
- Court
- Court of Appeal
The Court allowed the appeal and set aside the third party notice because the BIA's statutory review function was regulatory/supervisory and did not give rise to a duty of care to the Council; proximity was lacking given the statutory allocation of responsibilities to territorial authorities, limited BIA control, and the breadth and remoteness of potential liability; policy considerations founded in the Building Act 1991 and the need to preserve the BIA's supervisory role preclude imposing the alleged duty; Sacramento is binding and dispositive.