Wakelin and Anor as Trustees for the Get In & Walk Trust v Taupo Texture Coatings Limited [2011] NZWHT Auckland 43 [pdf, 206 KB]
...by the TTC and MWL that the lifting of the tiles by Mr Rihari, before the leaks were discovered, was a substantial cause of the leaking to the deck. I accept that Mr Rihari was a very experienced tiler and well aware of the need to take great care in lifting and replacing cracked tiles. In my view the lifting of the tiles does not explain the number of failed lapped joints as observed by the various witnesses. [57] As for the issue of the impact of raising the deck, I accep...