Body Corporate 330324 v Auckland Council

[2015] NZHC 1629

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2010-404-7840 [2015] NZHC 1629

IN THE MATTER

of City Gardens Apartments

BETWEEN

BODY CORPORATE 330324
First Plaintiff

MATTHEW NICHOLAS BROWN & ORS

Second Plaintiffs

AND

AUCKLAND COUNCIL First Defendant

Continued over

Hearing:	24 and 25 June 2015
Appearances:	G B Lewis and C E Lane for the Plaintiffs S A Thodey and S Mitchell for First Defendant S Ladd and B J Ward for Third Defendant K M Quinn and S M Thompson for Fourth Defendant
Judgment:	25 June 2015

ORAL RESULT JUDGMENT OF MUIR J

Counsel/Solicitors:

G B Lewis, Grimshaw & Co, Auckland
C E Lane, Grimshaw & Co, Auckland

S A Thodey, Heaney & Partners, Auckland

S Mitchell, Heaney & Partners, Auckland
SJP Ladd, Bell Gully, Auckland

B J Ward, Bell Gully, Auckland

G J Kohler QC, Barrister, Auckland
K M Quinn, Barrister, Auckland

S M Thompson, Barrister, Auckland

H Macfarlane, Hesketh Henry, Auckland
S Holderness Hesketh Henry, Auckland

A Hazelton, Hazelton Law, Wellington

BODY CORPORATE 330324 v AUCKLAND COUNCIL [2015] NZHC 1629 [25 June 2015]

WATTS & HUGHES LIMITED Second Defendant

DOWNER NEW ZEALAND LIMITED (Formerly known as Downer Edi Works Limited)

Third Defendant

CCSNZ LIMITED  (Formerly known as

Symonite New Zealand Limited) Fourth Defendant/Fourth Third Party

TYCO NEW ZEALAND LIMITED (Trading as Climatecdh)

First Third Party

TAL LTD
Fifth Defendant/Second Third Party

1280899 LIMITED (Formerly known as Auckland Height Services Limited) Third Third Party

ARCHITECTURAL WINDOW SOLUTIONS LIMITED

Fifth Third Party

MACMILLAN PLUMBING LIMITED Sixth Third Party

POSITIVE INSTALLATION LIMITED Seventh Third Party/Fourth Party

[1]      In view of the proximity of trial I issue a results judgment now adjourning the trial set down for hearing on 20 July 2015.

[2]      My reasons will follow.

Muir J