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Naylor Love Construction Ltd v Body Corporate 200012 [2017] NZDC 14435

Published 10 January 2024

Reserved judgment — jurisdiction of court — adjudicator's determination — construction contract — Construction Contracts Act 2002, ss 59, 73 & 74 — Wills Trust Company Ltd v Holmes Construction Wellington Ltd HC Auckland CIV-2006-404-809, 25 May 2006 — Gill Construction Co Ltd v Butler [2010] 2 NZLR 229 — Laywood v Holmes Construction Wellington Ltd [2009] 2 NZLR 243 — Rees v Firth [2012] NZLR 408 — Stellar Projects Ltd v Nick Gjaja Plumbing Ltd HC Auckland CIV-2005-404-6984, 10 April 2006 — Patel v Pearson Group Ltd HC Wellington CIV-2008-485-2571, 24 April 2009. The plaintiff sought to have an adjudicator's determination entered as a judgment in the District Court under the Construction Contracts Act. The determination related to remedial work that the plaintiff had undertaken. The defendant opposed the application on the basis that the contract was not a construction contract and the adjudicator had no jurisdiction to determine the claim. The Court found that the parties had agreed that a construction contract existed between them. The defendant's opposition to the judgment entry therefore failed. The Court allowed the plaintiff's application and entered the determination of the adjudicator as a judgment. The sum entered was $2,840,189.94. Note: this judgment should be read alongside Naylor Love Construction Ltd v Body Corporate 200012 [2017] NZDC 21263. Judgment Date: 5 July 2017.

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