In the judgment in Auckland Council v Ryang of 28 September 2011 the High Court (Fogarty J) dismissed an appeal against a WHT decision finding the Council liable to the Ryangs for its negligent inspection and certification of their leaky home. The Court decided that it was negligent of the Council to in 2003 tolerate the top fixing of handrails through balustrades and decks. It also decided that the Council was negligent by approving of the metal cap flashings that were built contrary to the consented plans and technical information.