14 Dec 2012
PERPETUAL TRUST LTD & ANOR V MAINZEAL PROPERTY & CONSTRUCTION LTD & ORS HC AK CIV 2010-404-007597
- Citation
- openlaw-f963c7fa_2fd5_497f_b468_c0a284e6b3c9.pdf
- Court
- High Court
The Building Act 2004 s393(2) ten-year longstop applies to all civil proceedings relating to building work including claims for contribution and third-party claims; s393(2) prevails over the Limitation Act (s33) and thus the s17 Law Reform Act 'if sued in time' exception and s14 accrual rule cannot defeat the Building Act longstop. Mainzeal's cross-claims and third-party claim against Downer, Contract Coatings and Mr Wallace were therefore statute-barred and, absent pleaded contractual claims under warranties with compliant notice (which Mainzeal did not plead), were struck out.