John Anthony Osborne and Helen Osborne v Auckland Council and the Weathertight Homes Tribunal

[2013] NZSC 43

IN THE Supreme Court OF New Zealand

SC 9/2013

[2013] NZSC 43

BETWEENJOHN ANTHONY OSBORNE AND HELEN OSBORNE
Applicants

ANDAUCKLAND COUNCIL
First Respondent

ANDTHE WEATHERTIGHT HOMES TRIBUNAL
Second Respondent

Court:Elias CJ, William Young and Chambers JJ

Counsel:T J Rainey for Applicants
C R Goode for First Respondent

Judgment:1 May 2013

JUDGMENT OF THE COURT

ALeave to appeal is granted.

BThe approved questions are:

(a)Is the Court of Appeal’s interpretation of s 14(a) of the Weathertight Homes Resolution Services Act 2006 correct?

(b)Given the dismissal by the High Court of the appeal against the removal order, does s 95(2) of that Act preclude the granting of any remedy to the applicants?

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Solicitors:

Rainey Law, Auckland for Applicants

Heaney & Co, Auckland for First Respondent