PERANO V BATES BUILDING LTD (HC)

Sarah Macky acted for Christchurch City Council (the Council) and successfully defended a summary judgment application brought by a third party architect seeking to remove itself from the claim.

The plaintiffs’ claim against the architect was ten year time barred under the Building Act 2004, but the Council’s claim for contribution under section 17 (1) (c) of the Law Reform Act 1936 was not.  The Council relied upon the Beca Supreme Court decision that allows a defendant tortfeasor to bring a claim against another tortfeasor for contribution within 2 years of the claiming tortfeasor being found liable or reaching a settlement with the plaintiff.  The court found that the Council’s contribution claim against the architect was not prevented by the Building Act longstop and accordingly its claim against the architect remains alive.