6 Jul 2012
KEVEN INVESTMENTS LIMITED V MONTGOMERY & ORS HC AK CIV-2011-404-6481
- Citation
- openlaw-1d8b5d26_fc6e_4345_88a3_390a94b66866.pdf
- Court
- High Court
The Court dismissed the appeal: (1) the Montgomerys were not "developers" as they built for owner-occupation and not in trade, so no non-delegable developer duty arose; (2) the vendor warranty in clause 6.2(5)(b) is limited to completion in accordance with the building consent plans and conditions and does not independently warrant Building Code compliance at the time of sale; and (3) the claimant failed to prove the dwelling was not built in accordance with the consent plans in the specific respects alleged (step-down and cladding clearance).