13 Feb 2013
FUSSELL v WELLINGTON CITY COUNCIL HC WN CIV-2012-485-643
- Citation
- openlaw-3764ed5b_0ff9_4742_8c47_4db6a4ef586e.pdf
- Court
- High Court
The indemnity claim brought by Mr Tedder against the fourth parties is a contractual claim based on an alleged term of employment (or contract) and does not depend on an act or omission relating to building work; consequently the Building Act 10-year long stop (s393(2)) does not apply to bar the claim, and the claim is not an employment relationship problem within s161 so the High Court has jurisdiction; accordingly the strike out and summary judgment applications are dismissed.