10 Feb 2015
NEW ZEALAND BLOOM LIMITED v CARGOLUX AIRLINES INTERNATIONAL S.A. [2015] NZHC 109
- Citation
- [2015] NZHC 109
- Court
- High Court
The statement of claim failed to allege or plead facts sufficient to show that Cargolux's conduct caused the total loss claimed; s 82(1) requires the plaintiff to plead and prove that the loss was caused by the defendant engaging in the proscribed conduct, so the preliminary question is answered in the negative and the pleaded case is inadequate to impose liability for the full $338,426.06 on Cargolux.