Defence today in flat claims

Press, 28 October 1982, Page 4

Defence today in flat claims

The defence will open its case today in the claims for more than $95,000 arising from damage to two ownership blocks of flats in Cutts Road, Avonhead, caused bv the ground beneath them subsiding. The claims are being heard before Mr Justice Hardie Boys in the High Court. Douglas Homes, Ltd, property developers and builders, are cited as the first defendant; Douglas Richard Parker and George Ratcliffe Parker, directors of Douglas Homes, as the second and third defendants; the Waimairi County Council as the fourth defendant; and Frederick Roland Smith, a consulting engineer, as the fifth defendant.

All defendants deny ityMessrs. S. R. Maling, J. G. Fogarty and T. Weston appear for the five plaintiffs. Messrs B. J. Gallagher, of Auckland, and W. J. Mather appear for Douglas Homes and its two directors; Messrs H. S. Hancock and M. B. de Broekert, both of Wellington, for the Waimairi Council; and Messrs D. H. P. Dawson and J. C. Crofts for Mr Smith. The flats were built on the site of a former shingle pit which was filled with sawdust and other materials, and the plaintiffs allege that the defendants failed in their duty of care to see that the flats were constructed with foundations and piling which would prevent damage.