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KELLY PARKER
KELLY PARKER

Lee Findlay Family Trust v Auckland Council (HC)

This was an appeal from a determination of the Weathertight Homes Tribunal. The Tribunal found that the scope of the duty of care owed by the builder was limited and he was exonerated. This left the council as the only party liable to the claimants. On appeal the High Court overturned the Tribunal’s finding about the builder.  The High Court said the builder was at fault in relation to the fascia and window defects and was 100% responsible for 80% of the damage. The High Court also found that one of the trustee owners had contributed to the claimants’ loss in the amount of 40%. The council and the builder shared the remaining liability 20:80. This judgment meant the council had a 40% deduction from the amount of the claim to account for the homeowner’s negligence and it was able to collect a sizeable contribution from the builder. 


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