5 Jul 1978
LEETH & CO LTD v. MACK & CO (FREIGHT FORWARDERS) LTD AND OTHERS
- Citation
- LEETH & CO LTD v. MACK & CO (FREIGHT FORWARDERS) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1636/1976
The court found the 1st defendant liable: the welding operations were negligent and constituted a non-natural and extra-hazardous use of land so that both negligence and strict liability (Rylands/ common law for escape of fire) applied; the welders (2nd defendant) were negligent and must indemnify the 1st defendant; warnings alone did not discharge the duty to take proper precautions; the 3rd defendant was not liable for storage of wax/paints on the evidence.