11 Mar 2010
T & T DRAINAGE LTD V RENNELL & ANOR HC AK CIV-2009-404-001506
- Citation
- openlaw-deeccd37_2df1_4e14_9145_7ffc3dd4c6e8.pdf
- Court
- High Court
The Court held that the Rennells could recover personally because Mr Rennell acted as agent for undisclosed principals (the trustees) and retained personal liability; T & T breached an implied contractual and tortious duty by failing to take reasonable care (including failing to warn about winter risks) causing stone contamination and topsoil loss; remediation was a reasonable measure of loss given the property's specialised equestrian use so remediation costs were recoverable subject to quantified deductions for items of betterment and pre-existing contamination, and a 10% reduction for the…
- Undisclosed principal/agency
- Implied contractual duty of care
- Director personal liability / assumption of responsibility
- Measure of damages (remediation vs diminution)
- Betterment
- Contributory negligence