12 Aug 2013
MARLEY NZ LTD v SKELLERUP RUBBER SERVICES LTD [2013] NZHC 2035
- Citation
- [2013] NZHC 2035
- Court
- High Court
The third party notices were correctly set aside because negligent installation by the third parties could not reasonably have been foreseen to cause the specific damage to Marley (its liability to make good defective pipes and pay $7 million); accordingly the damage caused by the installers is not the "same damage" for the purposes of s17 LRA and Skellerup's contribution claim is not tenable.