10 Apr 1996
BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER
- Citation
- BORN CHIEF CO t/a BEIJING RESTAURANT v. TSAI, GEORGE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV229/1995
The defendants were liable in nuisance and negligence because the flooding and consequent damage were reasonably foreseeable given local weather patterns and the fact the sliding door was left 12 inches ajar; the Act of God defence failed; however the plaintiff failed to prove quantum at trial so the trial judge's order for assessment by a Master was set aside and nominal damages of $10 awarded; costs order nisi made.