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Stieller v Porirua City Council

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Stieller v Porirua City Council
CourtCourt of Appeal of New Zealand
Full case name Brian Joseph Stieller & Kay Marian Stieller v The Porirua City Council
Decided19 June 1986
Citation[1986] 1 NZLR 84
TranscriptHigh Court judgment
Court membership
Judges sittingCooke 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

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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

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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

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