North Shore City Council v Attorney General (SC)

Shyrelle Mitchell, together with leading counsel, acted for the North Shore City Council in respect of an appeal from the judgment of the Court of Appeal.

The approved grounds of appeal were (a) whether it is reasonably arguable that the Building Industry Authority (BIA) owed a duty of care to the council in relation to The Grange development in any of the respects pleaded; (b) whether it is reasonably arguable that the BIA owed a duty of care to the plaintiff body corporate and unit owners in the respects pleaded; and (c)   whether s 393(2) of the Building Act 2004 precludes relief from being granted in respect of the first, second and third causes of action pleaded by the council against the Building Industry Authority.

A majority of the Supreme Court found that there was insufficient proximity between the BIA and councils or homeowners to justify a duty of care.