17 Aug 2007
TE MATA PROPERTIES V HASTINGS DISTRICT COUNCIL AND ORS HC NAP CIV 2004-441-151
- Citation
- openlaw-14b93da4_e110_4127_9074_88d745bb52c6.pdf
- Court
- High Court
Hastings District Council's claims were struck out because, on analysis of proximity and policy, it was not fair, just and reasonable to impose on a territorial authority a broad private law duty to indemnify subsequent commercial owners for pure economic loss from building defects where statutory functions are focused on safety and regulatory enforcement and plaintiffs were not shown to be vulnerable or to have relied on the council; Massey's cause of action under the Consumer Guarantees Act was struck out because plaintiffs are not consumers within the Act; claims against Gunac and remainin…