30 Apr 2008
BODY CORPORATE 188529 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230
- Citation
- openlaw-b1901200_b11e_41c4_922b_2df1b188b645.pdf
- Court
- High Court
The Court held the Council owed a Hamlin-type duty to persons acquiring units where the intended use was disclosed as residential; the Council breached that duty by failing to establish a proportionate inspection regime and by issuing interim and final code compliance certificates without reasonable grounds as to waterproofing (decks and parapet/wing walls), causing loss. The Body Corporate lacked standing to sue for damage to individual units beyond common property. The developers owed and breached a non-delegable duty for negligent construction/supervision; the designer did not incur liabil…