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Posted 05 September 2013
Category: Construction, Personal Property Securities
A recent New Zealand High Court case, McCloy v Maruka Institute of Technology  NZHC 936 has provided some guidance in relation to issues not yet judicially decided in Australia. The findings are not surprising. However, they are important, as they suggest which way the Australian courts will go and concern issues relevant to owners corporations engaging contractors to carry out remedial and other works.
The case concerned a common factual situation, involving:
The court found that:
The practical implications of this for an owner’s corporation and its advertisers are as follows:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.