Leaky building owners claim court victory
Owners of the Sacramento housing complex in Botany Downs, Auckland - where many units are rotten and might have to be demolished - are claiming victory after the High Court upheld their right to sue the Government's former building agency.
Monday, February 14th 2005, 2:21PM
by The Landlord
An application by the former Building Industry Authority (BIA) to have all claims against it struck out in New Zealand's biggest leaky building case has not been successful.The BIA was facing three claims of negligence by the Sacramento body corporate.
The three BIA applications to have the claims struck out were dismissed but the court concluded that the aspect of claims against the BIA relating to its failure to amend the building code should be struck out.
"It's very cheery news," said a lawyer for Sacramento's owners, Paul Grimshaw.
"We can only hope now that the Government through the BIA lives up to what we regard are its obligations to owners in New Zealand."
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