23 Dec 2009
SHEEHAN AND PATERSON AS TRUSTEES OF THE MARIST TRUST AND COLE AND ROSE AS TRUSTEES OF THE WAITEMATA TRUST, TOGETHER TRADING AS OTAHUHU JOINT VENTURE PARTNERSHIP V WATSON AND ANOR HC AK CIV 2009-404-6079
- Citation
- openlaw-7d43ce7d_de6f_42bc_a4ec_a61211dab3ec.pdf
- Court
- High Court
The Court held that either by purposive construction (reading 'lessee' to include the lessee's employees) or by reading qualifying words into s269 to avoid absurdity, the Property Law Act 2007 precludes recovery from the lessee's employees for fire damage to leased premises; alternatively, even if the statute did not so operate, it would not be arguable in law that the employees owed a duty of care because the statutory and contractual insurance and vicarious liability regime made imposition of a personal duty unfair, unjust and unreasonable, and the proceeding was struck out.