BuildLaw Issue 31 March 2018 | Page 17

Supreme Court decision shows reliance cuts both ways
he Court’s recognition of the Trust’s negligence for ignoring its expert’s advice is significant; both financially (reducing their damages by 50%) and as a point of principle. The message should be clear, where a party has engaged a team of experts and has specifically relied upon those experts throughout the building project, its own conduct will be under scrutiny if it then ignores that advice and suffers loss as a result.
End Notes
1Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council [2017] NZSC 190

About the Author
Joel C. Scoberg-Evans
Joel is a solicitor at Minter Ellison. He is specialised in Construction Law under the Construction Contracts Act 2002, "leaky building" claims under the Weathertight Homes Resolution Services Act 2006, and recovery of body corporate levies under the Unit Titles Act 2010.
Joel is qualified as a solicitor in England & Wales and New Zealand.
He is also the editor of the monthly Construction Bulletin that is distributed to the firm’s client base providing updates on developments in construction law and infrastructure news in New Zealand.
Minter Ellison
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