Leaky apartment owners in Byron Avenue and Sunset Terraces have succeeded in defeating the North Shore City Council’s final appeal against judgments in their favour.
Grimshaw & Co acted for the successful owners who can now look forward to payment by the Council of the damages awarded to repair their homes.
The Court emphatically rejected Council arguments that the Councils duty of care should be limited and should not apply to apartments or homes owned by investors. The Court upheld the ability of Body Corporates to sue in respect of common property and held that the absence of a Code Compliance Certificate does not prevent owners suing the Council.
This decision ends a five year Court battle by the owners who took action against the Council in respect of the Council’s failure to identify leaky building defects in the course of their inspections.