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FRANA DIVICH

Lee v Ryang (CA)

This was an application for leave made by a project manager for a second right of appeal.  Frana acted for the council. The Court of Appeal accepted her argument that it had no jurisdiction to allow a second appeal by virtue of s 95(2)(b) of the Weathertight Homes Resolution Services Act 2006 which provided that the determination of the High Court on appeal from the Weathertight Homes Tribunal is a “final determination” of a claim under the Act. The project manager’s application for leave was dismissed and he was ordered to pay the council’s costs.  As a result the matter came to an end and the council preserved a useful High Court precedent for the proposition that a project manager owes a non delegable duty of care.


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