Heaney & Partners appear before various statutory tribunals, disciplinary bodies - as well as all courts.
We act for twenty third party councils joined to this representative action by Carter Holt Harvey (CHH). CHH is being sued by a number of home owners with Shadowclad, a CHH product, on their houses. The claim is representative and funded by a litigation funder. The home owners allege that Shadowclad is inherently defective. This judgment deals with CHH’s applications regarding abuse of process, leave to appeal and an associated stay.
The appeal from the Court of Appeal was allowed in part. The council succeeded in establishing that the Southland Indoor Leisure Centre Charitable Trust had contributed to its own loss and damages were reduced by 50%.
We successfully defended the council from a negligence claim due to limitation and although the council was found liable in nuisance, it was only for damage to a concrete driveway turning bay and not for the more expensive damage to the house.