High Court declines removal on the basis of delay
In Auckland Council v Weathertight Homes Tribunal the HC declined an application by the Council to judicially review a decision of the WHT. The WHT had declined an application for removal by the Council, who sought removal on the basis of serious prejudice caused by the delay between homeowners registering with the WHRS and commencing proceedings in the WHT. The homeowners are seeking a determination 19 years since the building work was undertaken and 10 years since they registered with the WHT. The HC found that the inability of the Council to seek contribution from the other parties, who were removed for different reasons on the basis of the delay, did not seriously prejudice the Council as the Council was capable of being found liable for the whole claim. The HC noted there was no serious prejudice to the Council as the delay had not impeded the Council’s ability to defend the claim.