Charterhall v Queenstown Lakes District Council

[2009] NZSC 116

IN THE SUPREME COURT OF NEW ZEALAND

SC 81/2009

[2009] NZSC 116

BETWEENCHARTERHALL TRUSTEES LTD
Appellant

ANDQUEENSTOWN LAKES DISTRICT COUNCIL
Respondent

SC 82/2009

AND BETWEEN             BLAIR & CO LTD
Appellant

ANDQUEENSTOWN LAKES DISTRICT COUNCIL
Respondent

Court:Elias  CJ, Blanchard and Tipping JJ

Counsel:I C Hunt and C J Jamieson for Appellant in SC 81/2009
M E Parker for Appellant in SC 82/2009
D J Goddard QC and D J Heaney SC for Respondent

Judgment:24 November 2009 

JUDGMENT OF THE COURT

A        The applications for leave to appeal are both granted.

BThe approved ground in both appeals is whether the Council owed a duty of care to Charterhall to exercise reasonable skill and care in the performance of its functions and responsibilities under the Building Act 1991.

Solicitors:
Young Hunter, Christchurch for Appellant in SC 81/2009
M E Parker, Christchurch for Appellant in SC 82/2009
Heaney & Co, Auckland for Respondent