Blog
Here is a link to an article by Andrea Vance of the Post. It is about a Wellington Council drinking water pipe that burst causing landslides and damage to 2 properties in Wadestown. The pipe was known to be in poor condition and had previous issues. The cost to fix the damage is north of $600k. The article contains my view about Council liability.
In Grimshaw & co v BC207624 [2025] NZCA 392 the Court of Appeal allowed an appeal from the High Court judgment by rookie judge Tahana J that found Grimshaw & co negligent for its advice to the body corporate of Spencer on Byron. Cooke J in giving the judgment of the Court of Appeal said that Tahana J had got it totally wrong by misapplying the relevant law. Grimshaw & co was not negligent in its advice about the relevant unit titles act. Additionally, the Cooke J said that Tahana J was wrong to recategorize the proceeding as cat 3 post judgment for costs purposes. A total vindication for common […]
In QBE v Davern & IAG [2025] NZCA 310 the Court of Appeal dismissed QBE’s appeal against the High Court decision in Davern & IAG v QBE [2023[ NZHC 2146 that QBE was liable to pay $1,593,484.54 plus interest as building costs for the Daverns’ property in Redcliffs that was insured by IAG and rebuilt by IAG after the Canterbury earthquakes. QBE insured Hawkins who was responsible for scoping the original rebuild. Hawkins screwed up the sequencing of work in the original rebuild causing extra costs. The Daverns and IAG entered into a deed of settlement and assignment in 2018, pursuant to which IAG was subrogated to the Daverns’ rights, […]
Court of Appeal on Land Class Action On 11 & 12 June 2025 the Court of Appeal heard appeals by EQC and the homeowners about the land class action certified in the High Court on 14 December 2023 as Freer & anor v EQC [2023] NZHC 3662. The High Court granted leave to appeal on 27 May 2024 in Freer & anor v EQC [2024] NZHC 1346 . EQC asked for the certification to be set aside saying that the Mcevedy/Freer claim is/was meritless, statute barred and that they were not good representatives. McEvedy & Freer wanted the class increased to include owners whose land had Increased Flooding Vulnerability as […]
Du v Yoon & anor [2025] NZHC 621 concerned the operation of clauses in a standard form agreement for the sale and purchase of land that apply when damage is caused to the property by natural events occurring between the making of the agreement and settlement, and when settlement does not take place on the settlement date. The plaintiff, Ningfei Du, says he is entitled to the return of the deposit of $1,063,000.00, which he paid following his successful tender to purchase the property at 149A Arney Road, Remuera, Auckland from the defendants, David Youn and his wife, Miji Sunwoo, in accordance with an agreement for the sale and purchase. […]
