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Owners of a leaky Meadowbank house have been awarded $433,087 after four-year battle to get the house repaired.

Roger Jerzy and Samantha Kay Zagorski, who paid $913,000 for the leaky house, went to the Weathertight Homes Resolution Service, then the more powerful Weathertight Homes Tribunal after earlier repairs in 2004 and 2005 continued to let water into the home.

Ian Holyoake and his company Hitex Building Systems, which did the first fix-up, then took the couple to the High Court claiming the tribunal made mistakes about his liability, the scope of the work and the amount he had to pay.

Holyoake's appeal, heard last July, was also against Auckland Council and Wilkinson Building and Construction, who were involved in the failed repairs, and others.

In the High Court decision, Justice Patrick Keane refused to overturn the tribunal's 2012 decision which ruled the couple are owed $433,087: $385,337 for remedial work, $22,750 for the loss of rent and $25,000 general damages.

He supported the tribunal ruling that said that Holyoake was liable with his Hitex for 73 per cent of the Zagorskis' damages award.

Source: NZ Herald

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