An insurer's action to enforce deeds of indemnity given by directors of a builder, in respect of payments made under a home warranty insurance policy for defective building work, is not a 'building action' within s 109ZI of the EPA Act and is not subject to the 10-year limitation period in s 109ZK(1). More broadly, the definition of 'building action' does not extend to actions between parties none of whom contracted to perform, or had contractual or statutory liability for, residential building work. The ordinary limitation period applicable to the cause of action (e.g., 12 years for deeds) applies instead.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
3 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.