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Clearwater Cove Apartments Body Corporate 170989 v Auckland Council (WHT)

This was a professional liability claim brought by the owners of twelve units in a residential development who were suing for losses of more than $1.5m.  Susan and Rachel acted for the council and its insurer.  The Tribunal found that the council did not owe a duty of care to the owners of three of the units, the conduct of the owners of seven of the units broke the chain of causation and no damage had been proven by one other owner. The only damage the council was found liable for was caused by a lack of clearance around the garage belonging to one owner.  The council’s contribution was assessed to be $2,909.50, a tiny fraction of the claim mounted against it.


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