New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Carbon monoxide poisoning

Legal area

Court

21 Dec 2009

PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV-2003-091-143

Citation

openlaw-570628e9_fa16_40b0_9c9d_0d1055321ce4.pdf
Court

High Court

Although the installer (Ambrose) breached contractual and industry requirements (altered appliance, used undersized flue, connected without certification), plaintiffs failed to prove on the balance of probabilities that combustion gases containing carbon monoxide were discharged into the living space at levels likely to cause the alleged harmful health effects or that such exposure caused the plaintiffs' claimed injuries; accordingly judgment for defendants.
22 Oct 2009

CHAS AMBROSE V AMANDA PICKARD AND ANOR CA CA548/2009

Citation

openlaw-cfe7a843_e48d_4303_a752_e32612c396e2.pdf
Court

Court of Appeal

Appeal allowed in relation to discovery because plaintiffs subsequently provided an appropriate authority for release of medical and ACC records covering the relevant period (1986-1993), rendering further orders unnecessary and warranting setting aside the High Court costs order; appeal against ordering security for costs dismissed because on assessment the claim was not so weak as to justify substantial security that would likely prevent trial and plaintiffs' conduct, while problematic, did not justify departing from ordinary security principles.