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In Godfrey Hirst NZ Limited v Cavalier Bremworth Limited  NZCA 418 the Court of…
AUCKLAND, 23 September 2014: Applications have opened for the 2015 Grimshaw Sargeson Fellowship. The Fellowship is…
The Grimshaw Sargeson Fellowship is a national literary fellowship offered annually in partnership with The Frank Sargeson Trust.
In Savvy Vineyards 3552 Ltd v Kakara Estate Ltd, the Supreme Court considered whether an…
In QBE Insurance v Wildsouth Holdings the Court of Appeal considered 3 key insurance issues…
The Supreme Court held that an insured party that has suffered losses over multiple events during one policy period, can recover up to the maximum insured limited for each event and is not limited to a single maximum amount.
The financial assistance package will see the Government meet 25 per cent of homeowners’ agreed…
What criteria must be met to bring a claim for a stand-alone house? The criteria…
What is a multi-unit complex claim?A multi-unit complex claim can be brought for: a group…
What is a stand-alone complex claim? A stand-alone complex claim can be brought for the…
Many owners of leaky buildings don’t understand why they need to get involved in litigation,…
Many people with leaky homes don’t understand why they need to get involved in litigation,…
If you’re unsure of the leaky building litigation process, read our guide to leaking building…
The next step – after proceedings have been commenced and the leaky building statements of…
Interrogatories are written questions served on another party that are designed to ascertain facts to…
This page explains the evidential witness statements required for leaky homes or leaky building legal…
If you have a leaky building dispute, but are reluctant to take the leaky home…
A trial becomes an inevitability at some point once you have commenced proceedings, unless you…
There’s no doubt that leaky building litigation is expensive. It involves your lawyer spending many…
Experts play an important role in leaky homes litigation. They guide the lawyers factually as…
Usually you will seek a sum of money equivalent to that which you’ve spent, or…
Leaky building litigation can be a costly, time consuming and unpleasant process. Unfortunately, given the…
If you are affected by the leaky building crisis, you are not alone. In New Zealand, weathertight…
The Court found that the assignment of the plaintiffs’ claim to the Council was void as it was contrary to public policy by undermining the law of maintenance and champerty, as well as meddling with the trial process.
Section 14(a) of the WHRS Act only excludes claims where all building work, including certification, occurred more than 10 years before the WHRS claim was registered.
A section 124 notice is not physical loss or damage that triggers EQC’s statutory response.
The Council’s claims against a director of a building company for negligent misstatements and breaches of the Fair Trading Act were declined by the High Court.
A homeowner has the right to choose whether their house is rebuilt, repaired or replaced and if a homeowner elects to purchase another property they are not obliged to choose a house of comparable size, construction, condition and style.
The High Court refuses the plaintiff’s claim for interest on his EQC entitlement.
The Frank Sargeson Trust has announced New Zealand writers Bianca Zander and Alice Miller as the recipients of the 2014 Grimshaw Sargeson Fellowship.
The HC finds that a delay of 10 years in prosecuting a claim in the Tribunal by the Claimant does not seriously prejudice the Council.
The High Court refuses to strike out a claim that the Council owed the unit owners a duty of care to ensure a private certifier was acting within its authority when issuing a building consent
In Marriott the High Court considered when a property is destroyed for the purposes of an insurance policy.
HC finds insurance policy does not respond to the creation of the red zone and the home owner is not entitled to the costs of the foundations required to rebuild on the red zoned land when rebuilding on good land outside of the red zone.
Court of Appeal decides that cost to repair is the correct measure of damages and reduces contributory negligence discount from 70% to 40%.
The CA has held that the creation of the red zone was lawful but the 50% red zone payout was not lawful.
Court considers the effect of an automatic reinstatement clause on an intentionally under insured property
High Court considers duty of care on banks owed to borrowers when purchasing properties that may have weathertightness issues.
High Court decides that changes in trust deed not material non-disclosures
Professional fees are to be included in insurers calculations of replacement/rebuild cost.
High Court considers the obligations of an insurer when replacing a property.
In Body Corporate 398983 v Zurich Australian Insurance Ltd the HC considered the insurance contract…
The owners of a leaky home in Takapuna on Auckland’s North Shore are appealing the…
The High Court dismisses Auckland Council’s application for judicial review despite holding the house failed its final inspection in a trivial way.
The Christchurch High Court has found that the creation of the red zone did not cause physical damage or economic loss to homeowners.
In Osbourne v The Auckland Council, the Court of Appeal considered the question of when…
The Real Estate Agents code of contact is being updated in April 2013. The obligation…
The National Business Review has recently reported that insurance companies are wearing down claimants and…
In Dominion Finance Group Limited v Body Corporate 382902 the HC cancelled a change to…
Duty to construct a new house of the same style and materials
In Cole v Xiang the High Court, on an appeal, found that statements made by…
In Taylors Floorcoverings & Furnishings Ltd v Brown the Employment Relations Authority ordered an injunction…
Potential claims against accountants for negligence in auditing
Council failed to prove negligence
Personal liability of insurance brokers
In Body Corporate No. 207624 v North Shore City Council the Supreme Court decided the…
In the judgment Independent Fisheries Ltd & ors v Minister for CER  NZHC 1810…
In its decsion in NSCC v AG  49 the Supreme Court upheld the Court…
A mediation service administered by AMINZ apparently commences in August 2012 to assist with the…
In Berachan Investments Ltd v BC164205  NZCA 256 the Court of Appeal decided that…
In Lee v Ryang & anor  247 the Court of Appeal confirmed that there…
In the decision of Chapman v WHT & ors  NZHC 1377 the High Court…
In the decision in Osborne v Auckland Council  NZSC 199 the Court of Appeal…
On 9 May 2012 the Supreme Court released its much awaited decision in McNamara v…
In Marchand & ors v Jackson & anor  NZHC 944 the High Court discussed…
In Cole v Euro-Asia Investments Co Ltd & ors  NZWHT Auckland 25 the Weathertight…
In St Johns College Trust Board v Body Corporate 197230 & ors  NZHC 827…
In the recent decision in Pickering v Straubel & anor the High Court had to…
Again the High Court has allowed an appeal by a leaky home owner against a…
The High Court in a judgment 30 March 2012 (Stanley v McDonald & ors MNC…
In 2 proceedings about leaky home complexes the individual building certifiers that performed inspections sought…
In the decison in Marlborough District Council v Altimarloch Joint Venture Ltd & ors …
By the judgment 17 February 2012 in Auckland Council v Coleman  NZHC 175 the High Court…
The Chief District Court Judge has issued a Practice Note to shortern the timeframes in the…
In the judgment in Cole v Pinnock & ors dated 16 December 2011 the High…
In the decision in Mackfall v Beattie & ors of 22 December 2011 the High…
In the judgment Aldridge & ors v Boe & ors 10 January 2012 the High Court allowed…
By the judgment dated 9 December 2011 in proceedings about the liquidation of Western Pacific Insurance…
In the judgment in BC208191 & ors v Joyce Building Ltd & ors dated 16 December…
In the recent decison in BOAC v Auckland Council & ors the WHT decided that…
Recent decisions of the Weathertight Homes Tribunal have determined that as between a builder and…
In the judgment of Woolford J dated 30 November 2011 in Osborne v Auckland City Council…
The leaky homes cases have caused the Courts to consider the application of public liability insurance policies…
In Devcich & ors v AMI the Court of Appeal overturned the High Court decision about Mr…
In the leaky homes decision in Grubb & Whalen v Auckland Council the WHT decided that…
may be liable for Cutter’s Cove & Beachside Apartments repair costs
In the judgment in Lee v Ryang & Auckland Council 28 September 2011 the High…
In the judgment in Auckland Council v Ryang of 28 September 2011 the High Court (Fogarty J)…
In the judgment in Hamid & ors v England & ors, 26 September 2011 Whata J found…
Bridgecorp directors cannot access insurance cover.
Court of appeal on leaky home scheme
AMI wins insurance appeal
Court of appeal allows MOE appeal
First WHT leaky home decision on a body corporate claim
Grimshaw & co will shortly be operational in Christchurch. Grimshaw & co will focus on…
Grimshaw & co are now operational in Queenstown working with local law firm, Berry &…
In the decision in Dawson v Auckland Council & ors  NZWHT Auckland 36 the WHT decided…
As of 28 July 2011 the leaky home financial assistance package is operational. Information about…
In a determination dated 20 July 2011 the Weathertight Homes Tribunal awarded costs against a…
The Government’s Financial Assistance Package for leaky home owners will shortly be operational. The package…
The bill enacting the leaky home package is expected to be passed in the week…
Insurance policy exclusion did not apply
In a judgment 14 June 2011 the Court of Appeal allowed an appeal by AMI Insurance…
The Unit Titles Act 2010 comes into force on Monday 20 June 2011. This Act…
settlement proceeds belong to claimants not body corporate
Apparently the release of the criteria for eligibility for the Government leaky home package is…
Correct measure of damages is repair costs
The select committee has reported back on the Weathertight Homes Resolution Services (Financial Assistance Package)…
leaky home pre purchase inspection
By a judgment 21 April 2011 the Court of Appeal stated that the Council owed no…
Change in tax status of Loss Attributing Qualifying Companies (LAQCs). As a result of the…
The transcript of the hearing in the Supreme Court of the appeals involving Sunset Terraces…
Under 91 of the WHRS Act 2006 the WHT is able to order a party…
Leaky apartment owners in Byron Avenue and Sunset Terraces have succeeded in defeating the North…
On 8 to 10 November 2010 the Supreme Court heard appeals by the North Shore…
On 23 November 2010 the Government introduced the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment…
On 8 to 10 November 2010 the Supreme Court is hearing the appeals by the…
leaky homes and architects/designers
Council liable to Wellington leaky home owners
Vendor’s agent allegedly misrepresents Nautilus as not a leaky building
leaky home owners win on appeal
Arrow v QBE (Insurer not liable in Court of Appeal)
Paul Grimshaw on Campbell Live – Check it out
In a Court of Appeal decision 3 August 2010 the Court allowed an appeal by…
Court of appeal strikes out claim against Government
Court of Appeal denies owners’ rights to recover
The long running leaky home case known as “Byron Avenue” is to be finally determined…
The long running leaky home case know as “Sunset Terraces” is to be finally resolved…
In a judgment dated 7 December 2009, Courtney J awarded the plaintiff, Igor Mitasov, $150,000…
10 year limitation period absolute
judgment against pre-purchase report providers
In a judgment 31 May 2010 the High Court struck out claims by owners of units in Blue Pacific Resort at Pahia agaimst the Far North District Council on the basis that the units were commercial in nature rather than residential.
Leaky building problems at a Bay of Plenty primary school will cost an estimated $7 million to fix and involve the demolition of a dozen classrooms.
Leaky-building experts are urging the Government to introduce a fidelity fund or warranty scheme to protect home owners from fly-by-night builders and developers.
Ratepayers are being warned to expect a painful shock from the leaky homes crisis.
A multimillion-dollar council cash injection for leaky-home victims in Christchurch falls well short, critics say.
I felt unreasonably smug at the weekend when I learnt that the Hilton Hotel on Princes Wharf in Auckland has had to close some of its best rooms because there are leaks in the walls.
Princes Wharf’s apartment and office occupants have put aside almost $1 million to deal with potential structural problems on the wharf below the waterline.
A South Auckland apartment owner refused to budge so the country’s largest leaky building could be repaired – so his neighbours turfed him out.
A High Court judge has struck out weathertightness claims brought against the North Shore City Council by 249 owners of units in the Spencer on Byron Hotel in Takapuna.
Ratepayers on the North Shore, across Auckland and the country may finally be let in on the big secret over the government’s leaky homes rescue package, North Shore Mayor Andrew Williams said today.
The physical and mental health costs associated with living in leaky buildings is conservatively estimated to be $26 million, according to a new book.
Leaky homes costing $26m a year in mental and physical health costs according to new book; Govt urged to take action.
Tens of thousands of families are breathing in the dangerous consequences of their leaky home, a major new study says.
Building and Construction Minister Maurice Williamson slammed the phone down when the going got tough during a teleconference with six big city mayors, but refusing to listen to the embarrassing facts is not going to make the leaky homes scandal go away.
The long-term social costs of leaky buildings constructed following deregulation of the building industry by the National Government in the early 1990s are not just the result of failures in construction, according to a book published on Tuesday December 8 (details below).
Taxpayers are expected to foot at least part of the bill for repairs to 140 leaky Housing New Zealand units.
The million-dollar Auckland beachfront home of former Prime Minister Mike Moore has major leak problems.
Former prime minister Mike Moore has found himself among the ranks of home owners with a leaky building.
A $304,000 legal battle over a fire at a luxury lodge near Queenstown could open all councils to costly litigation akin to the leaky home saga.
Newly launched barter company BarterZone is set to help people affected by leaky homes.
An Auckland leaky-home victim wants the Government to overhaul the Weathertight Homes Tribunal.
The court also found mistakes in the tribunal’s decision, particularly over the Whites’ reaction to discovering leaks at their house at 6 Castaway Place.
Two victims of the rotting-homes debacle have had their compensation payout doubled, and now other victims could get more.
Tough financial times can be a boon for lenders of last resort. Economic winters take a toll on vulnerable companies and so swell the workload of liquidators.
Leaky home owners are struggling to fund repairs as controversy over a Government contribution proposal heats up.
Going through the courts is the only way leaky homeowners can claim costs and damages according to lawyer Paul Grimshaw.
The Department of Building and Housing had a “challenging year” as the leaky homes issue ground on and recession hit.
A teleconference between mayors of areas blighted by leaky buildings and a Government minister ended badly yesterday, according to one participant.
A warning for the taxpayer not to get ripped off by leaky home repairers.
Metro-city mayors yesterday pleaded for the Government to take more responsibility for the leaky homes disaster.
Mayors from six cities with the most leaky homes have decided that a Government proposal to take the cases out of the courts, needs more discussion.
The government is being told it needs to ‘up the ante’ over its plans to deal with leaky homes.
An end is finally in sight for homeowners in one of the country’s largest body corporates blighted by leaky building syndrome.
The Government is under mounting pressure to increase its contribution to the leaky building crisis after criticism from a mayors’ group.
Metro-city mayors from the six worst-affected leaky home areas are due to talk to the Government today about resolving the crisis.
Waitakere Mayor Bob Harvey wants the building industry to provide discounted materials and labour to help fix leaky homes.
Mayors of the six cities worst hit by leaky home problems are seeking a meeting with Prime Minister John Key to get the Government to cough up more money to fix the problem, North Shore Mayor Andrew Williams said today.
One of the Auckland mayors negotiating a deal to take leaky homes cases out of the courts is threatening to walk away unless there is a better offer from Government.
The Government is hoping it can patch up damage caused by a leaked paper about leaky homes.
Owners of leaky homes don’t have to take up a “short cut deal” if they don’t want to, Prime Minister John Key says.
Miranda Patrick, Wgtn leaky homeowner, says Govt’s proposed bail out scheme leaves owners with large financial shortfall.
Owners of leaky homes don’t have to take up a “short cut deal” if they don’t want to, Prime Minister John Key says.
A proposed deal to tackle the leaky homes issue would guarantee homeowners access to funds to fix their houses, Prime Minister John Key says.
The government is coming under fire over a leaked report on its response to the country’s multi-billion dollar leaky home problem.
Leaky home owners have slammed the Government’s bailout scheme as offering no relief to those hardest hit.
The previous Government never quite “got it” on leaky homes and nor, it seems, has this one.
Leaky home owners are the forgotten people, the people whose lives and futures have been stripped away from them, described as the “walking dead” by a man who has had more to do with them at ground level than most.
The Crown expects to pay $777 million to leaky home victims in the next two decades, lumbering the country with colossal bills.
The Government has refused to get involved in large-scale payouts for the multi-billion-dollar disaster of rotting homes.
Some members of the Auckland Indian Association say they have no confidence in the committee behind the proposed $20 million “Taj Mahal” cultural centre.
Real estate agents will have to be upfront if they have reason to suspect a house they are selling is leaky under new laws governing the industry.
FORCED OUT: Secoia Mews unit owner and ham radio enthusiast Terry Corin says it is depressing that apart from his home-based business being put in jeopardy, he will have to leave behind his amateur radio set-up because it is too dangerous to get the aerials down.
Imagine getting home from work one day to find the security guards on your property, and signs going up saying your house is too dangerous to live in.
A leaky Mission Bay mansion is to be bulldozed and an architecturally designed home built, following an enormous out-of-court settlement.
Owners of 12 leaky townhouses in South Auckland are suing the Manukau City Council for granting consent for the buildings.
A group of South Auckland residents is demanding answers after Manukau City Council turfed them out of their homes at short notice.
A Whangarei couple has lost its bid to have its Blue Chip related mortgage struck out, but will keep fighting the finance company controlling the mortgage, GE Custodians.
Auckland beachfront apartment complex the Mon Desir is currently undergoing $5 million of remedial re-cladding work to fix leaking issues.
Contractors who worked on Auckland’s luxury Princes Wharf complex say parts are leaking and major faults have been ignored or patched up with cosmetic repairs.
A separated couple have told how their leaky home nightmare drove them apart, prompted counselling for depression and left them about $120,000 out of pocket.
An architect with a leaky building history, is designing a masterplan for a development in Orakei that is being promoted by Auckland City Mayor John Banks.
“When Napier got wiped out with an earthquake we had to rebuild it. It’s a category A disaster. We have to help because it’s not going away and it’s New Zealanders that are suffering.”
An Auckland City Council report has identified 70 schools with leaky building syndrome – nearly double last year’s number.
Leaky building syndrome has hit 73 schools nationally, and the problem is far more widespread than previously declared.
The Auckland City Council says too much money is being spent on lawyers in leaky home settlements.
Auckland City is dealing with $240 million of leaky homes claims, the highest in New Zealand for any one council.
A team of lawyers were yesterday in the Court of Appeal arguing one of the country’s most significant leaky building battles.
Outcome of appeal lodged by North Shore City Council’s insurers may prevent councils being sued by landlords.
Landlords who together own about 600,000 rented houses, units and apartments might not be able to sue councils if their places leak in future.
Housing New Zealand has been accused of failing to act on warnings that an apartment block leased for pensioner flats is unsafe.
Investors in a leaky west Auckland apartment block rented by Housing New Zealand want the corporation to buy them out.
A row has erupted between Housing New Zealand and the owners of a building over who is responsible for its shonky development.
Small councils are having to pick up the tab for the leaky home problem even if it is not a major issue in their area.
Today I met again with the Auckland, Wellington, North Shore, Tauranga, Christchurch and Waitakere Mayors to further our discussions on finding a solution to the leaky homes issue. They represent the six most affected Councils.
Mayor Says Papakura Ratepayers Will Be Worst Hit By Leaky Homes Bill
Wilna White and her family are migrants who became leaky-building victims.
After a nine-year struggle which is yet to end, she wants to warn other migrants of the dangers of buying a New Zealand house.
A legal expert has called for urgent action on the rotting-home front.
Stuart Robertson, a Kensington Swan partner and specialist in construction litigation, said victims should be getting a better deal.
Low interest loans to cover cost of repairs being considered as a possible solution to leaky homes
A much-anticipated leaky homes bailout could be in place by the end of the year – but only if owners cough up more than a third of the $11 billion repair costs.
A major real estate firm has defended its actions over the sale of a leaky home by claiming weathertight issues weren’t “widely known” in 2006.
Ratepayers must stump up millions in unexpected bills for councils’ leaky home liabilities after funds ran dry over two years when thousands of claims were made.
Penny Webster, Rodney Dist mayor, says it is unfair to expect her ratepayers to pay for Auck’s leaky home problem under super city
The cost of leaky building repairs could be $11.5 billion, not the previously estimated $3.6 billion, according to Rodney Mayor Penny Webster.
Central and local government are developing a comprehensive plan to deal with the leaky homes crisis.
A solution to the $4 billion leaky homes crisis appears a step closer with signs the Government has proposed ways to shift cash from legal action to repairing damaged buildings.
The mayor of Wellington, Kerry Prendergast, was one of six mayors who discussed the leaky homes issue with the Minister for Building and Construction, Maurice Williamson, at Parliament today.
The Southland District Council no longer has insurance cover for leaky building claims under the Weathertight Act.
The act came into effect in 2007 and provides coverage for home owners who suffer damage to their properties from sub-standard building materials and construction.
The bill for leaky homes is likely to top $11 billion, a review has found.
Building and Construction Minister Maurice Williamson is being urged by a group, helping people who have lost their homes and income due to leaky homes, to find a solution for the persistent problem.
A group helping people who have lost their homes and income due to leaky homes is urging Building and Construction Minister Maurice Williamson to find a solution.
All New Zealand territorial authorities are now registered as building consent authorities.
A new-home warranty system has been announced as part of a shake-up of the construction industry to tackle the leaky-building disaster.
Paul and Wilna White have been waiting almost five months to receive full payment of a Weathertightness Tribunal award of $173,801.48 for their leaky home in Army Bay.
Defects at the huge Hobson Gardens apartment block in Auckland could cost up to $20 million to fix, making it one of the country’s most expensive leaky blocks.
Residents facing the repair bill for the two-tower, 97-unit block in Hobson St are rallying to bring a massive law suit against those involved in putting up their apartments.
“The estimated $14.5 million repair work figure was determined by a professional quantity surveying company but it is not a definitive cost, and tender costs could reach $20 million,” body corporate minutes informed residents.
Leaky home victims are still facing massive legal bills and repair costs years after selling their properties.
Labour MP Phil Twyford fears the new Super City will abandon leaky-house victims and escape claims worth millions of dollars.
In July 2008 the High Court awarded $2,050,000 plus costs to the owners of 12 apartments in Byron Avenue, Takapuna suffering from “leaky building syndrome”. Grimshaw & Co acted for the body corporate and owners in this multi-unit claim heard before Justice Venning in February 2008.
Victims of the $1 billion leaky building crisis yesterday welcomed Government moves to help them but a political opponent says the changes are too little and too late.
Building Issues Minister Clayton Cosgrove and Courts Minister Rick Barker announced a series of measures to strengthen the Weathertight Homes Resolution Service which provides help for leaky building victims.
Ms Ponsonby was employed by Torlesse Wines Ltd as a sales representative. In November and…
More than 80,000 people are exposed to unacceptable financial and health risks from living in leaky homes that have failed or are at high risk of failing, official documents show.
First-time home buyer Leanne Clifton thought she had sealed a great deal when she picked up an apartment on Auckland’s North Shore for $24,000 less than the advertised price.
Auckland City’s $1.4 million payout to a group of apartment owners is being seen as a big win for leaky building victims.
Settlements with victims are usually kept a secret. But court documents revealed the $77,000 paid to each of the owners of the 18-unit complex in Rendall Place, almost enough to fix their apartments.
Miles Davis began his broadcasting career with the “TRN” (Radio New Zealand) network as a correspondent covering the Soccer World Cup in France in 1998.
Rotting homes are behind a huge rise in legal claims against the Auckland City Council which have more than tripled from $57 million to nearly $200 million in 12 months.
Anthony Housham was employed at Juken NZ Ltd’s timber mill in Kaitaia as a fork hoist operator. On 22 April 2006 Mr Housham was involved in an altercation with another employee, a Mr Nathan.
Owners of a large Ponsonby apartment complex are trying to drag the Government into their $3 million leaky building court claim, seeking to reverse case law which has so far allowed the state to escape any direct liability.
Councillor Andrew Eaglen says the government approved using untreated timber and no wall cavities in the former Building Act.
THE $20 million Sacramento development leaky building lawsuit remains before the Auckland High Court, three years after proceedings started.
Property owners of the Botany Downs apartment complex filed the lawsuit against developers Taradale and nine other defendants in 2003.
A $7.1 million Government pilot loan scheme to help leaky building claimants is yet to lend a cent.
If there was ever a group of New Zealanders deserving of Government assistance, it is the poor homeowners who have become the innocent victims of the leaky building crisis.
Mr Hsieh was employed by Fuel Espresso Limited (“Fuel”) as a barista in November 2005. He worked from the company’s premises at Holland St in Wellington Central.
Get your leaky house fixed first – claim later.
That’s the advice from two leaky building experts who say victims should move swiftly to fix their places and claim the money later.
Builders who put up leaky homes could be made to pay after a powerful insurer yesterday abandoned its appeal against a court ruling in favour of a house owner – and resolved to recover its costs from the builder.
Insurance giant RiskPool has decided against taking a Court of Appeal case against an Auckland homeowner whose home is rotting.
The builder of a home at the heart of the leaky building landmark case yesterday defended his workmanship – and vowed to continue building.
Waitakere Mayor Bob Harvey says he will insist the Government play a more active role in the leaky homes saga when the Auckland region’s leaders meet Building Issues Minister Clayton Cosgrove.
The February 23 meeting follows a Waitakere City Council decision to appeal against a court judgment it believes will threaten councils and their ratepayers with multimillion-dollar costs.
A landmark court judgment which threatens to burden councils and their ratepayers with multimillion-dollar costs from leaky home settlements is being challenged.
But the move could financially destroy the woman who won the judgment and who has been unable to live in her rotting and leaking home.
Developers have attacked the Government for not moving fast enough to solve the billion-dollar leaky building crisis, accusing it of running a secretive resolution process making it impossible to ascribe blame.
LEAKY home syndrome may be a major problem in a city the size of Auckland, but it appears to be that way in Wanganui.
However, while the Wanganui District Council has records of only a handful of affected properties, it wants to make sure on rock solid foundations if things turn sour.
We are very pleased for Maria Dicks that Justice Baragwanath has set down such a comprehensive ruling. We hope for her sake that the Waitakere City Council will not continue to spend ratepayers money defending their negligence by appealing the decision.
And we hope they pay her what is rightfully hers, allowing her to get on with repairing her defective home and restoring some normality and security in her life.
National is calling on the Government to begin immediate talks with councils on how they might be helped to fund leaky home compensation packages in the wake of a landmark court ruling.
National local government spokesman John Carter said the precedent-setting ruling, which is expected to result in many similar ones, could bankrupt some smaller councils.
Waitakere city mayor Bob Harvey says all those responsible for their part in the leaky homes crisis need to stop making excuses and face-up to the problem, so people whose lives have been destroyed can move on.
An Auckland woman with a poorly built leaky home was awarded $250,000 in a High Court ruling which has led to speculation about the implications for councils, builders and architects.
A homeowner has been awarded $250,000 to replace her shoddily-built home in a landmark ruling by a High Court judge, who has strongly criticised council inspectors.
Lawyers and experts say the decision will expose councils, builders and architects to more liability and more litigation.
Ms Chin was employed as an accounts clerk by Mr Yong of Yong & Co Chartered Accountants. In 2005, unbeknownst to Ms Chin, Mr Yong loaned $50,000 to her husband.
House inspection firms which looked over a “dog” of a home in Auckland missed defects that could potentially have cost a new owner thousands of dollars, says Consumer magazine.
Auckland victims of leaky homes are appealing to MPs to give them a fair hearing on a proposed law change.
John Gray of the Leaky Homes Action Group has complained to Parliament’s select committee office about the way submissions will be processed this month, pleading for a hearing in Auckland without time restrictions.
Mr Davis was employed as a barman/cook by the Portage Licensing Trust at one of its taverns. The tavern was the subject of an robbery in March 1999.
Homeowners have appealed to MPs to help “average Kiwis” affected by the leaky homes debacle.
In May the Government brought legislation before Parliament to improve the Weathertight Homes Resolution Service.
Mr Trotter was employed as a mobile mortgage manager by the BNZ. A Mr Parkinson was his area manager.
Maree Hand began working for McCrostie Builders as a painter in March 2004. In November…
Ms Harcombe was employed by Bakers Delight (NZ) Limited as a Marketing Business Consultant. She took parental leave from 1 July 2005 until 3 July 2006.
The leaky homes crisis should be treated like a major civil disaster and its victims given financial relief.
So says the Leaky Homes Action Group, which wants the Government to help the more than 15,000 home-owners suffering financial, physical and emotional stress.
John Fisher met Roy Fisher through a mutual interest in their local Filipino club (both men married Filipino ladies and were members of the club). John was a dairy farmer.
(A) INTRODUCTION 1. The Weathertight Homes Resolution Services Amendment Bill 2006 (“the Bill”) was introduced…
Ms McKay was employed by Land Transport Safety Authority (“LTSA”) as a Regional Administration Manager at its Napier office.
In 2004 the Employment Relations Act was amended to include a new statutory test for determining whether a dismissal or other action taken by an employer was justified.
Owners of Mt Eden’s 46-unit Eden Mews are offering buyers a novel choice – either buy a unit at a discount due to weathertightness problems, or pay full asking price and the seller foots the repair bill.
Outside decks of the complex at 852 Mt Eden Rd are undergoing extensive repairs. Each unit will take around a week to fix.
“In a parklike setting in a quiet right-of-way and just metres to the Panmure Basin,” said the Harcourt’s brochure. “Built by quality tradesman (his home is next door) using the Cornerstone building system. The large dining area flows in two directions to the patio on the east side and garden area on the west, all completely private. Absolutely modern with a European flavour.”
To all appearances, the Ireland Rd townhouse lived up to the hype. Ursela Beasley paid $466,000 off the plans and took possession in January 2004. But her dream home has become her Kafkaesque nightmare.
The Government has backed down on plans to claim $100,000 costs from 153 homeowner victims who lost a court action over New Zealand’s largest leaky home complex, Sacramento in Manukau City.
Negotiations between the Crown Law Office, representing the Attorney-General, and Sacramento’s lawyers Grimshaw & Co resulted in a deal being announced yesterday.
A group of Ellerslie leaky building owners who have waited nearly a year for permission to repair their homes have complained to a Government department about the delay.
But Auckland City Council has told them that until all the issues have been resolved permission to go ahead with the repairs will be withheld.
A paper written by Tim Rainey, a partner at Grimshaw & Co.
Thousands of owners of leaky homes have been offered a streamlined process for getting their houses fixed after a nine-month review of the struggling Weathertight Homes Resolution Service.
But the prospect of money upfront for repairs will be largely reserved for those who can afford to service $100,000-plus bank loans on top of existing commitments.
A tiny minority of owners turned down by banks will qualify for a pilot Government loan scheme – but critics say the $7.1 million allocated over two years could be spent on a single apartment complex.
If B.C.’s leaky condo disaster has a silver lining, it’s the province’s hot housing market.
Prices are rising so fast that once a leaky condo is properly repaired, its market value can easily increase by the cost of repairs and more within a few years.
Owners who buy leakers, see them through the repairs and then sell may well come out with a profit.
In fact, says researcher Nancy Bain, that has been suggested as a viable investment strategy: Buy leaky condos cheap in buildings whose strata councils are willing to come to grips with the problem, get the repairs done and sell into a rising market.
The fast-moving housing market is also a reason for cautious shopping: Some leaky condo owners, especially in buildings whose strata corporations can’t agree on a repair strategy, are putting up for-sale signs and bailing out, sometimes without disclosing the problems.
B.C.’s leaky condo disaster is entering its third decade. The worst of it is behind us but it is far from over and we are not nearly finished paying for it, or arguing about who is to blame.
The human cost of the disaster is not measurable. Hundreds of thousands of British Columbians have been touched by it.
For some, it was no more than a financial inconvenience. Their homes leaked, and they paid to repair to them.
The Government is to offer a rescue package to owners of leaky homes in the form of loans that do not have to be repaid until the dwellings are resold.
It is preparing to announce measures before next week’s Budget to deal with the estimated 15,000 leaky homes needing repairs costing a total of $1 billion.
But some details of the package were revealed yesterday by National MP Nick Smith, who claimed it was a second Budget leak after the rushed release of the Telecom unbundling announcement last week.
A group of leaky-building victims have lodged a claim in the High Court at Auckland against those involved in erecting and approving their large Newmarket apartment block.
Two years ago, Auckland City deemed 17 of the 43 units at The Terraces on 118 Broadway as dangerous and unfit for their intended purpose, after exterior balconies were declared potentially lethal.
When Jan Cowan bought her Laingholm house with breathtaking views of the Manukau Harbour she thought it was a dream move. Instead, it has turned into a living nightmare.
Not only has she had to confront the leaky home syndrome, but her efforts to repair her house have been jeopardised by a Waitakere City Council order to stop work because she did not get a building consent.
The primary school teacher has forked out close to $100,000 to get her house reclad.
Grimshaw & Co is currently recruiting litigation solicitors with 0 to 5 years experience. We are looking for energetic, motivated graduates and solicitors with excellent academics to join our expanding boutique litigation and dispute
resolution practice in Auckland’s CBD.
A critical labour shortage in the building industry could get even worse with the introduction of the Government’s overhaul of the sector.
A group of home-owners who failed in court action against the Government over the leaky building fiasco now face paying as much as $80,000 in costs.
Lawyer Paul Grimshaw, who represents the group of Auckland apartment complex owners, confirmed the Government was seeking costs.
This month the Court of Appeal struck out a multimillion-dollar claim by the group of 153 owners of apartments and the body corporate in the Sacramento complex at Botany Downs, Manukau.
Forty-two owners have sold their leaky homes, despite being in the middle of a Government agency’s resolution process – and one has pocketed the settlement payout without doing the repairs.
The loophole has prompted warnings that buyers should ask direct questions of vendors and estate agents about whether the home has been subject to a claim to the Weathertight Homes Resolution Service.
Pressure is growing on the Government to help leaky home owners as a result of the Court of Appeal striking out a claim by an Auckland apartment complex against the former Building Industry Authority.
The $20 million claim was made by 153 owners of the Sacramento complex in Manukau City and was a test case to determine whether the former Crown agency had a legal duty to leaky home owners.
A multimillion-dollar claim against the former Building Industry Authority (BIA) over an Auckland apartment complex with leaky building syndrome has been struck out by the Court of Appeal.
Today, 153 owners of apartments and the corporate body in the Sacramento complex in Botany Downs, Manukau, lost their claim against the Attorney-General. They have other claims against more than a dozen other parties.
A new Government report showing the cost of repairs on leaky buildings has soared fivefold to $1 billion has re-opened a debate in Auckland City about the size and cost of the problem to ratepayers.
A Department of Building and Housing paper to the Cabinet in June also said 15,000 homes could suffer damage from leaks – 3000 more than the previous highest official estimate in 2002.
A new Government report estimates 15,000 homes could suffer damage from leaks – 3000 more than the previous highest official estimate.
The cost of repairs on leaky buildings has also been revised upwards to around $1 billion – about five times the previous Government estimate and the same figure National MP Nick Smith was touting mid-year.
Only two weeks after starting business, Grimshaw & Co announced their arrival on the scene in style by winning the women’s Legal Corporate Challenge 5km race in Auckland’s Domain on 16 November 2005, and by coming second in the men’s race.
The Government’s leaky building service has rejected a new business offering infra-red camera inspections to solve leaky building issues.
He may be one of the biggest names in the building industry but Fletcher Building chief Ralph Waters has not escaped the leaky homes’ debacle.
The Building Industry Authority yesterday faced fresh claims that it had broken the law, as it was revealed the Government will appeal against a High Court finding that leaky building owners have the right to sue it.
Paul Grimshaw, Matthew Josephson, and Tim Rainey are the principals of a new specialist boutique law firm launched today Ã¢â‚¬â€œ Grimshaw & Co.
A team of solicitors specialising in weathertightness issues has left Auckland law firm Cairns Slane to form a new business.
The Government’s now-defunct Building Industry Authority was not a consumer protection agency established to compensate design and construction faults such as leaky homes, the Court of Appeal was told.
Auckland City councillors have been gagged from talking about the leaky building crisis – but not before a bitter stoush and claims it will send the rates bill soaring by $270 million.
The bill for thousands of rotting homes in Auckland City has hit $500 million, say two councillors.
On 16 June 2005 the Supreme Court released its decision in the long-running Bryson v Three Foot Six case.
Thousands of homes are rotting while the Government ducks attempts to test its liability for the leaky homes fiasco, say frustrated owners and lawyers.
Blue-rinse grandmothers and auburn-rinse young dads file into a Mt Eden school hall on a dank autumn afternoon. For more than two hours, 300 people squat on a hardwood floor as politicians and experts talk about the leaky homes fiasco. The look in their eyes is of no expectation.
Owners of a rotting luxury apartment complex built in 2001 at Gulf Harbour, north of Auckland, are gearing up for a legal battle against a string of defendants they say failed
What a sick joke the Government’s attempts to resolve the leaky building scandal has become. If the recent decision of the Weathertight Homes Resolution Service on the Ponsonby Gardens townhouse complex is any precedent, serial leaky building developers like Tim Manning will walk away without paying a cent compensation, but innocent ratepayers like you and me will be in the gun for many millions of dollars.
When New Plymouth couple Lynne and Leon Roborgh were looking for a home in Auckland to retire to, Unit 9, Ponsonby Gardens, appealed as an ideal unit to rent until they could move.
When the shower fell through the ceiling, it produced a domino effect for John Gray and fellow owners in the Ponsonby Gardens townhouses. It was February 2000. The 10 buyers had endured a stream of problems virtually since they moved into the Vermont St homes, built by Tim Manning’s Taradale Properties in 1995 and 1996.
It is easy to picture John Gray walking through the departure gate for his day job, tall and upright in his uniform with that pilot’s air of calm control.
How could a house be built so differently from the council-approved drawings and still be signed off by Auckland City Council building inspectors?
The country’s biggest city council has cried “enough” on leaky building claims and is searching for an alternative to defending them.
The Building Industry Authority yesterday faced fresh claims that it had broken the law, as it was revealed the Government will appeal against a High Court finding that leaky building owners have the right to sue it.
The owners of 26 leaky terraced houses in Grey Lynn have been paid just under $2 million by the Auckland City Council in a repairs settlement.
Owners of the huge Sacramento housing complex in Botany Downs – where many units are rotten and face possible demolition – are claiming victory after the High Court upheld their right to sue the Government’s former building agency.
A third of the 153-unit Sacramento housing complex in Botany Downs is so rotten it must be bulldozed and rebuilt.
Residents of a Newmarket apartment block where all the balconies on one level are in danger of collapsing have engaged a lawyer to sue.
The Building Industry Authority knew about leaky building problems for six years before it took any steps towards halting the crisis, according to a legal claim lodged in the High Court at Auckland.
A $9 million landmark leaky building case is about to go to court after the Government-appointed Building Industry Authority turned down all offers to settle to stave off drawn-out and costly litigation.
Consumers’ advocates are calling for an urgent law change to allow adjudicators to award legal expenses to owners of leaky homes, rather than just the cost of repairs.
New Zealand’s biggest leaky building disaster to date will cost $20 million to fix and some homes may have to be demolished, says a confidential report.
When Victor Rutherford bought a plush home on the banks of the Waikato River, he dreamed of turning it into a lodge.
A council has been forced to pay out more than $400,000 in a leaky building case that could set a precedent for future legal settlements.
More than 200 out-of-pocket property investors want to band together to discuss their options after having problems with Auckland firm Taradale Properties and its large-scale housing projects.
A lawyer representing 600 Auckland owners of leaky homes is disappointed a new report into the crisis does not address the Building Industry Authority’s inaction on the issue.
The Government-appointed Building Industry Authority is being sued for more than $5 million for failing to stop the leaky building crisis.
More than 1600 buildings are at risk in the lower half of the South Island as the rotting homes crisis deepens.
In early September 2009 the Court of Appeal heard appeals by the North Shore City Council against High Court rulings in favour of apartment owners in the Sunset Terraces and Byron Avenue developments.
A major court ruling will reassure the 100,000 people every year who sell houses through real estate agents about the transparency of the industry, says New Zealand’s largest agency.
But others say it could lead to higher insurance premiums and make selling houses more expensive.