Beca Carter Hollings & Ferner Limited v Wellington City Council - SC 11/2023
Media releases
Summary
Civil Appeal
Result
A Leave to appeal is granted (Beca Carter Hollings & Ferner Limited v Wellington City Council [2022] NZCA 624).
B The approved question is whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim.
21 April 2024
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A The appeal is dismissed.
B The claim by Wellington City Council against Beca Carter Hollings & Ferner Ltd is not time-barred.
C The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel. 18 September 2024
B The approved question is whether the Court of Appeal was right to conclude that the Building Act longstop provisions do not apply to a contribution claim.
21 April 2024
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A The appeal is dismissed.
B The claim by Wellington City Council against Beca Carter Hollings & Ferner Ltd is not time-barred.
C The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel. 18 September 2024
Date of Hearing
18 October 2023
Judges
Glazebrook, O’Regan, Ellen France, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 18 October 2023 Appellant submissions (PDF 1.2 MB)
- Hearing date 18 October 2023 Appellant Roadmap (PDF 150 KB)
- Hearing date 18 October 2023 Respondent submissions (PDF 1.1 MB)