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Swedish Top Limited v Alan Standing [2016] NZDC 19484

Published 02 March 2017

Estoppel — damages — Plumbers, Gasfitters, and Drainlayers Act 2006, ss 90, 91, 92 and 162 — Christou v Haringey London Borough Council [2014] QB 131. The plaintiff sought damages against the defendants following the flooding of a property. Under ss 90–92 complaints had been made and investigations concluded under the PGD Act, which found no fault with the defendant's work. The plaintiff failed to appeal under the Act within time (s 162), but begun proceedings in the Disputes Tribunal which were transferred to the District Court. On analysis of case law including "Christou", it was determined that the inspector fulfilled the definition of a "judicial tribunal", and therefore the doctrine of res judicata could apply. As a result, the defendants were able to rely on an estoppel to the claims brought. Judgment Date: 4 October 2016.

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