Latest articles
Measuring loss in building claims
Tuesday, 15 November, 2011
Author: Karen Shaw
Successful claimants in building disputes are entitled to damages. However, the damages awarded may not be the cost of fixing the property. An alternative basis for a damages award is the loss of value in the property. But what is the appropriate measure? This was the question that concerned the High Court in Cao and Tao v Auckland City Council and Ors.
Building contracts and “running accounts” - voidable transactions
Friday, 4 November, 2011
Author: Karen Shaw
The High Court has said that generally building contracts are not running accounts under the voidable transaction provisions in the Companies Act 1993. As a result, the High Court found that payments which had been made to an electrical sub-contractor were insolvent transactions and that subcontractor was ordered to repay a significant portion of what had been paid to it back to the company’s liquidators.
