10 Jun 2014

Auckland couple win leaky home fight

4:32 pm on 10 June 2014

An Auckland couple who won a seven-year legal battle against the Auckland Council over compensation for their leaky home will have to wait for any settlement money.

The lawyer for the case said the decision means potentially hundreds of other denied claims would need to be revised.

An Auckland couple has won a 7 year leaky home battle.

An Auckland couple has won a 7 year leaky home battle. Photo: PHOTO NZ

John and Helen Osborne tried to bring a claim against the council, but were declined because the claim was lodged outside the statutory timeframe of 10 years after the building work was completed.

The couple then appealed their case to the Supreme Court.

In their decision released on Tuesday, five Supreme Court judges ruled that, because the claim was filed within 10 years of compliance certificates being issued, the appeal should be allowed.

Following the hearing, the council offered a confidential settlement, but withdrew it after a judge made the decision public.

However, the Osborne's lawyer, Tim Rainey, says he would like to see that change.

"I believe that they should honour the settlement and they should pay the Osbornes the money that they've agreed to pay and bring their seven-year battle for justice to an end, so they get what is fair and owing to them."

Following the hearing, the council offered a confidential settlement, but withdrew it after a judge made the decision public.

However, Mr Rainey said he would like to see that change.

"I believe that they should honour the settlement and they should pay the Osbornes the money that they've agreed to pay and bring their seven-year battle for justice to an end, so they get what is fair and owing to them."

Mr Rainey said the decision means hundreds of other denied claims will need to be revised. He said he would like the council to put the offer on the table again.

The claim now goes back to the Weathertight Homes Tribunal.

The Auckland Council is not commenting on the decision.