31 Mar 2023
LEISURE INVESTMENTS NZ LTD PARTNERSHIP v GRACE & ORS [2023] NZCA 89
- Citation
- [2023] 2 NZLR 724
- Court
- Court of Appeal
The Court of Appeal dismissed the appeal: Leisure Investments was liable in negligence and nuisance and under s 43 for losses caused by the Chairlift Fire because it knew of the fire risk, of plastic-coated chairs and flammable slash, and failed to take reasonable steps (earlier removal of carriers) such that the molten plastic ignitions constituted a new actionable outbreak; damages awarded by the High Court were supported and the appeal against quantum failed.
- Forest and rural fires act s 43
- Negligence
- Private nuisance
- Causation (outbreak v spread)
- Measure of damages / reinstatement vs diminution