Stieller v Porirua City Council
| Stieller v Porirua City Council | |
|---|---|
 | |
| Court | Court of Appeal of New Zealand |
| Full case name | Brian Joseph Stieller & Kay Marian Stieller v The Porirua City Council |
| Decided | 19 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]
Background[edit]
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[edit]
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.
References[edit]
- ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.
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