9 Mar 2020
ARENA LIVING HOLDINGS LTD v LENDLEASE CAPITAL SERVICES PTY LTD [2020] NZHC 587
- Citation
- [2020] NZHC 587
- Court
- High Court
Given the context of latent watertightness defects, the correspondence identifying affected villages, buildings and watertightness defects, expressly invoking cl 14.2 and reserving claims under other warranties, was sufficient to notify claims including maintenance (cl 14.1); therefore the defendant's affirmative limitation defence did not show the maintenance claim was bound to fail and strike-out was refused.