Court of Appeal reduces contributory negligence findings to 40%

20 December 2013

Court Decisions

In Johnson v Auckland Council the Court of Appeal found that the correct measure of damages for a building defect cases involving weathertightness defects is usually the cost to repair the property.  Further the damage award was discounted by 40% for contributory negligence to account for the owners knowledge that the house might be leaky and for failing to take steps to protect their interests when purchasing the property, overturning the HC’s finding that the damage award should be reduced by 70%.