recognised leaders in the development of the law of negligence
Heaney & Partners appear before various statutory tribunals, disciplinary bodies - as well as all courts.
We successfully defended an application for leave to appeal a decision of the District Court, brought out of time, by a tenant of a property that our client managed.
We succeeded in having 14 defects, not part of the original WHRS assessor’s report, struck out.
We successfully resisted an application by Stuff for access to the documents on the court file.
We act for twenty third party councils joined to this representative action by Carter Holt Harvey (CHH). CHH is being sued by a number of home owners with Shadowclad, a CHH product, on their houses. The claim is representative and funded by a litigation funder. The home owners allege that Shadowclad is inherently defective. This judgment deals with CHH’s applications regarding abuse of process, leave to appeal and an associated stay.
We successfully applied to the High Court to reverse the Official’s Assignee’s decision to reject the council’s proof of debt in the bankruptcy of a developer.
We successfully resisted an application for leave and summary judgment brought by the plaintiff against our client the Whangarei District Council.
The appeal from the Court of Appeal was allowed in part. The council succeeded in establishing that the Southland Indoor Leisure Centre Charitable Trust had contributed to its own loss and damages were reduced by 50%.
We successfully defended a complaint made against real estate agents. The Complaints Assessment Committee determined to take no further action on the complaint.
We successfully defended the council from a negligence claim due to limitation and although the council was found liable in nuisance, it was only for damage to a concrete driveway turning bay and not for the more expensive damage to the house.