recognised leaders in the development of the law of negligence
Heaney & Partners appear before various statutory tribunals, disciplinary bodies - as well as all courts.
We successfully resisted an application for leave and summary judgment brought by the plaintiff against our client the Whangarei District Council.
The appeal from the Court of Appeal was allowed in part. The council succeeded in establishing that the Southland Indoor Leisure Centre Charitable Trust had contributed to its own loss and damages were reduced by 50%.
We successfully defended a complaint made against real estate agents. The Complaints Assessment Committee determined to take no further action on the complaint.
We successfully defended the council from a negligence claim due to limitation and although the council was found liable in nuisance, it was only for damage to a concrete driveway turning bay and not for the more expensive damage to the house.
We successfully defended the council against claims in nuisance and Rylands v Fletcher and although found liable in negligence, it was for only 26% of the amount claimed.
The Supreme Court found that time stops running for limitation purposes, in all jurisdictions, from the date a homeowner applies for an assessor’s report under the Weathertight Homes Resolution Services Act 2006.
The insurer was entitled to rely upon a dishonesty exclusion to decline an accountant professional indemnity cover.
We acted for the administrator of a Body Corporate and we successfully resisted an application to set aside a statutory demand.
We successfully defended real estate clients from allegations that they had forged initials on a sale and purchase agreement.