Darby v Auckland Council (WHT)

This was a professional liability claim.  Frana acted for the council.  The council conceded liability to the claimants but proceeded to hearing to prosecute its cross claims against the previous owner.  The tribunal found that the previous owner’s actions in supplying the council with a forged producer statement amounted to the tort of deceit.  It said the council was entitled to a contribution from the previous owner of $434,869.35 on the judgment sum of $511,611 –an 85% recovery.