Paterson v Whangarei District Council (WHT)

This was a professional liability claim brought by the owners of a leaky holiday home.  Frana acted for the council.  The council was sued for more than $500,000.  The Tribunal found that the council had not been negligent when it issued the building consent. The main causative defect was found to be a systemic cladding defect that was the fault of the cladding manufacturer. The council was found liable for an inspection of a retaining wall. It was a discrete area that could be repaired in isolation. It was ordered to pay the claimants $42,632.29, only 8% of the amount it was sued for.