Susan Thodey, together with leading counsel, represented the council in the High Court, Court of Appeal and Privy Council. It is a leading New Zealand authority on council liability as well as when time starts to run for limitation purposes where there are hidden building defects.

Shyrelle Mitchell acted for the council, with leading counsel, in this Supreme Court case.  It is the authority for the proposition that local authorities owe a common law duty of care to commercial building owners as well as residential owners.

Shyrelle Mitchell and Susan Thodey, with leading counsel, acted for the council in this appeal to the Supreme Court. The court was invited to reconsider Hamlin and found that it continued to apply.

Sarah Macky was involved as instructing solicitor in this Supreme Court appeal.  The court found that the council owed a duty of care when it issued the code compliance certificate but found that the building owner was 50% at fault for not following their own expert advice.  

Frana Divich acted for the council, with leading counsel, in this appeal to the Supreme Court. The 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.

Susan Thodey, with leading counsel, acted for the ADLS in this appeal to the Court of Appeal. The court found that the insured’s professional indemnity policies responded to the claims made against it.

Sarah Macky acted for the council, with leading counsel, in this High Court trial. The court upheld the trial finding that the council’s actions were not causative of the claimant’s loss.

Shyrelle Mitchell, with  leading counsel, acted for the council in this appeal to the Supreme Court. A majority of the bench found there was insufficient proximity between the Building Industry Authority and councils or homeowners to justify a duty of care.

Frana Divich and Brett Martelli successfully applied to restore a development company to the Companies Register where it was found that on the date of liquidation, the future owners and the council as a claimant for contribution, were contingent creditors.  

Paul Robertson, with leading counsel, acted for the investors in this appeal to the Court of Appeal.  The court found that the insurer was entitled to rely upon a dishonesty exclusion to decline an accountant professional indemnity cover.