
William McCartney
BARRISTER
RECENT CASES
Caveat
Acted for a community garden which Crown wanted to eject from 0.7 hectares of Crown land in Auckland City. Lodged a caveat to protect the garden. Crown applied to have caveat removed. High Court ordered that caveat remain. Under appeal.
Construction
Acted for a building company sued for alleged defects in construction of apartment towers.
Body Corporate claimed damages of $40 million. Building company and council offered $19 million to settle. After 8 week trial in the High Court, Body Corporate was awarded damages of only $6 million.
Subsequent appeals to Court of Appeal on liability, quantum and costs. Awaiting Court of Appeal's decisions.
Construction
Acted for building company sued by four home owners. Settled all claims.
Land
Acted for a previous owner of a house which was damaged when property subsided. Client was sued under warranties in sale and purchase agreement. Settled at mediation, with no zero contribution required.
Resource Management
Acted for a dairy farm owner facing criminal charges for effluent spill. Pre-trial hearings resulted in most of the Crown's proposed evidence being ruled inadmissible. Crown eventually withdrew all charges.
Resource Management
Acted for dairy farm owners to defend application for enforcement orders by Regional Council. Settled in full.
Sport
Acted for athlete not selected for Paris Olympics. After a hearing, the Sports Tribunal directed the sports organisation to reconsider. Athlete was subsequently selected and went to Paris.
Sport
Acted for athlete not selected for Paris Olympics by NZ Olympic Committee. Settled. Athlete was selected and went to Paris.