Charterhall Trustees Limited v Queenstown Lakes District Council - SC 81/2009

Summary

Civil – negligence – the Court of Appeal struck out a claim against the Queenstown Lakes District Council by the owner of a commercial building – the claim alleged negligence in the course of the approval and building process resulting in a defect in the building that caused loss to the owner – whether it is reasonably arguable that the Council owed a duty of care to the building owner to exercise reasonable skill and care in the performance of its statutory functions and responsibilities under the Building Act 1991.[2009] NZCA 374   CA 441/2008   25 August 2009

Result

Application for leave to appeal granted. 24 November 2009
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Notice of abandonment of appeal being lodged, the application is deemed to be dismissed.

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