BODY CORPORATE 378351 V AUCKLAND COUNCIL (HC)

We acted for Auckland Council (the council) in this application to strike out parts of an amended statement of claim.  The council succeeded in having 14 non weathertightness defects struck out as the Weathertight Homes Resolution Services Act 2006 (WHRSA) did not stop the clock from running for the fire and structural defects.

Whether the WHRSA stopped the clock for non weathertightness deects was not determined by the Supreme Court in  Lee but has been considered by the High Court in a case called Retro Apartments.  The court distinguished this case from Retro Apartments as the non weathertightness defects in this case were not “part of” remediating the weathertightness defects. 

By removing the 14 structural and fire defects the amount of the claim against the council and the length of any trial has been significantly reduced.