Body Corporate No. 207624 v North Shore City Council

[2011] NZSC 82

IN THE SUPREME COURT OF NEW ZEALAND

SC 58/2011
[2011] NZSC 82

BETWEEN  BODY CORPORATE NO. 207624
First Appellant

AND  THE SPENCER ON BYRON UNIT OWNERS NAMED IN THE SCHEDULE
Second Appellants

AND  NORTH SHORE CITY COUNCIL
Respondent

Court:             Blanchard, Tipping and McGrath JJ

Counsel:         M C Josephson and P H Bremer for Appellants
D J Goddard QC and S Thodey for Respondent

Judgment:      5 August 2011

JUDGMENT OF THE COURT

A        Leave to appeal is granted.

BThe approved ground is whether and to what extent the respondent local authority owed a duty of care to the body corporate and/or all or some of the appellant unit owners in exercising its regulatory functions under the Building Act 1991 in relation to the construction of the Spencer on Byron building which contains a mixture of  non-residential and residential apartments.

Solicitors:
Grimshaw & Co, Auckland for Appellants
Heaney & Co, Auckland for Respondent