Blog
Rahal v Bhargac & anor [2026] NZCA 176 is a leaky home case where under the Fair Trading Act 1986 the Court of Appeal replaced an award of damages in the High Court (Hinton J) of $270,000 to the buyers on a loss in value basis with one of $688,868.40 based on costs to repair. It also increased the damages for consequential losses from $51,840 for lost rent to $103,107 for assessing damage, lost rent and costs of alternative accommodation. It decreased the award of general damages from $80,000 under the FTA to an award of $35,000 that was thought to be more in line with previous cases. It adopted […]
The daily recovery rates in the District Court and High Court for represented parties are increased from 1 May 2026. the amendment rules say that the rates are increased by approximately 37.8% to reflect the increase in the Producers Price Index for legal services since 2019, when the rates were last updated. The new daily rates are below District Court item 1, replace “1,270” with “1,750”. item 2, replace “1,910” with “2,650”. item 3, replace “2,820” with “3,900”. High Court item 1, replace “1,590” with “2,200”. item 2, replace “2,390” with “3,300”. item 3, replace “3,530” with “4,850”.
In BC207624 v Grimshaw & co [2026] NZSC 5 the Supreme Court on 17 February 2026 dismissed the Spencer on Byron application for leave to appeal the Court of Appeal decision dismissing the claim against Grimshaw & co for its conduct/advice in the leaky building claim.
Here is link to the latest NZTA/Waka Kotahi newsletter about the Northland Corridor. Alternative to Brynderwyns Meetings with affected owners now completed. NZTA in the final stages of refining the preferred route. Expect to provide confirmation of impact for landowners by mid-March 2026. NZTA on track to lodge the Notice of Requirement and all statutory approvals by mid-2026. This is the priority part of the corridor. Warkworth to Te Hana NZTA will be moving into the negotiation stage after the evaluation of proposals is complete at the end of March 2026, with the contract expected to be awarded by end of July 2026. The successful PPP (Public Private Partnership) […]
The Bianco Off Queen is a two-tower apartment building with 157 units. It was built with defects. Body Corporate 406198, the Body Corporate for the Apartments, together with individual unit owners sued Argon Construction Ltd as head contractor and the Auckland Council in negligence. In the High Court, Andrew J awarded the sum of $5,344,816.55 in remedial costs (including a sum for escalation) as well as $779,500 in general damages. This compared to the sum initially claimed by the Body Corporate of $40,739,870. Costs were awarded to the Body Corporate on a category 3B basis in the sum of $583,254 and disbursements of $579,514.73 notwithstanding a pre-trial Calderbank offer at […]
