recognised leaders in the development of the law of negligence

Our cases

Heaney & Partners appear before various statutory tribunals, disciplinary bodies - as well as all courts.

 

 

Latest

September 16 2019
SCENIC CIRCLE HOTEL GROUP LTD V WEST COAST REGIONAL COUNCIL & ANOR (HC)

We successfully resisted an application by Stuff for access to the documents on the court file.

July 11 2019
PAINE V CARTER HOLT HARVEY & ORS

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.

May 31 2019
QUEENSTOWN LAKES DISTRICT COUNCIL V OFFICIAL ASSIGNEE (HC)

We successfully applied to the High Court to reverse the Official’s Assignee’s decision to reject the council’s proof of debt in the bankruptcy of a developer.

August 27 2018
Daisley v Whangarei District Council (HC)

We successfully resisted an application for leave and summary judgment brought by the plaintiff against our client the Whangarei District Council.

December 14 2017
Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council (SC)

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%.

September 13 2017
Decision of Complaints Assessment Committee: Miao & Dai

We successfully defended a complaint made against real estate agents. The Complaints Assessment Committee determined to take no further action on the complaint.

September 5 2017
Cattell v Auckland Council (HC)

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.

June 13 2017
Double J Smallwoods v Gisborne District Council (HC)

We successfully defended the council against claims in nuisance and Rylands v Fletcher and although found liable in negligence, it was for only 26% of the amount claimed.

December 22 2016
Lee v Whangarei District Council (SC)

The Supreme Court found that time stops running for limitation purposes, in all jurisdictions, from the date a homeowner applies for an assessor’s report under the Weathertight Homes Resolution Services Act 2006.