Trustees Executors Limited v Wellington City Council (HC)

This was an appeal by the owner of an alleged leaky home to the High Court from a professional liability claim determined in the Weathertight Homes Tribunal. Frana acted for the council and its insurer.  The High Court found that the council had not been negligent and it escaped liability for a claim worth more than $800,000.  Costs are not normally awarded in the Tribunal but the circumstances of this case were such that the council did obtain an award of costs. It preserved the costs award on appeal because the High Court accepted that the claims brought against the council were without merit and a “without prejudice save as to costs” offer made to the claimant before the Tribunal hearing was relevant. The council was also awarded costs on the appeal. This judgment is a leading precedent on the awarding of costs in the Tribunal.  It represents a win on all fronts.