31 Oct 2018
HALL’S GROUP LIMITED & P & T TRUCKING LIMITED v ROWE and ROWE [2018] NZHC 2819 [31 October 2018]
- Citation
- [2018] NZHC 2819
- Court
- High Court
On the balance of probabilities the defendants breached their duty by failing to adequately secure their cattle—the main gateway was effectively secured only by a single strand of hotwire which expert evidence established was inadequate and contrary to common practice in the locality; that breach caused the cattle to reach the highway and the plaintiffs' loss; the defendants failed to establish that the driver's illegal mobile phone use, slight excess speed or monocular vision materially contributed to the loss, so no reduction for contributory negligence was ordered; damages of $273,256.32 a…