Tick Tock! Limitation lessons from Lee v Whangarei DC

The majority of legal proceedings about construction defects raise issues about limitation. These are the very basic limitation principles that apply: The  Limitation Act 1950 and the Limitation Act 2010 require claimants to commence legal proceedings within six years. In many construction defects cases, the six year period does not start until the defects are discovered or are reasonably discoverable. The Building…

Brookfield Multiplex – High Court of Australia on builder’s duty of care

Recently the extent of a builder’s liability in tort has been the subject of a number of judicial decisions in New Zealand. Across the Tasman Australia have been grappling with similar considerations. The High Court of Australia (Australia’s highest court) has recently released a decision concerning builder’s liability for pure economic loss; Brookfield Multiplex Ltd…