Stieller v Porirua City Council

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Stieller v Porirua City Council
Coat of arms of New Zealand.svg
Court Court of Appeal of New Zealand
Full case nameBrian Joseph Stieller & Kay Marian Stieller v The Porirua City Council
Decided19 June 1986
Citation(s)[1986] 1 NZLR 84
Transcript(s) High Court judgment
Court membership
Judge(s) sitting Cooke P, Richardson J, McMullin J
Keywords
negligence

Stieller v Porirua City Council [1986] 1 NZLR 84 is a cited case in New Zealand regarding council liability in tort for negligent inspection. [1]

Contents

Background

The Stiellers purchased a new house. Later, they discovered that they weatherboards were substandard, and that a stormwater drain was not connected.

Both defects had gone unnoticed by the local council building inspector.

The Stieller's sued the council for negligent building inspections.

Held

The Court of Appeal ruled that the council owed the buyers of the house a duty of care, and awarded damages against the council.

Footnote: The Court of Appeal decided Stieller v Porirua City Council on the same day as Brown v Heathcote County Council and Craig v East Coast Bays City Council which also involved negligent council building inspections.

Related Research Articles

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<i>Kamloops (City of) v Nielsen</i> Supreme Court of Canada case

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<i>Letang v Cooper</i>

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<i>Smith v Eric S Bush</i>

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<i>Williams v Natural Life Health Foods Ltd</i>

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<i>Dutton v Bognor Regis UDC</i> Law case

Dutton v Bognor Regis Urban District Council [1972] 1 QB 373 is an English contract law and English tort law case concerning defective premises and the limits of contract damages. It was disapproved by the House of Lords in Murphy v Brentwood DC and is now bad law except in Canada and New Zealand.

<i>Brown v Heathcote County Council</i>

Brown v Heathcote County Council [1986] 1 NZLR 76 is a cited case in New Zealand regarding council liability for negligent inspection.

<i>Craig v East Coast Bays City Council</i>

Craig v East Coast Bays City Council [1986] 1 NZLR 99 is a cited case in New Zealand regarding council liability for negligent inspection.

<i>Invercargill City Council v Hamlin</i>

Invercargill City Council v Hamlin [1994] 3 NZLR 513, [1996] 1 NZLR 513 is a cited case in New Zealand regarding council liability for negligent inspection, as well the issue in tort when the start period for the statute of limitations for a latent defect begins.

<i>Attorney-General v Rutherford</i>

A-G v Rutherford [1976] 1 NZLR 403 is a cited case in New Zealand regarding liability in tort for negligent misstatements

<i>Mount Albert Borough Council v Johnson</i>

Mount Albert Borough Council v Johnson [1979] 2 NZLR 234 is a cited case in New Zealand regarding the Statute of Limitations defence in tort claims.

References

  1. McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN   0-408-71686-X.