4 Oct 2012
IRRIGATION SERVICES (WAIRARAPA) LIMITED V AE BENTON AND SW BENTON PARTNERSHIP HC WN CIV-2010-441-000280
- Citation
- openlaw-a98e5e23_27cf_465c_b966_f9275e018bc5.pdf
- Court
- High Court
The plaintiff was not liable for the bore collapse because it acted in accordance with industry standards, reasonably sought and relied upon the well driller's advice, and did not negligently drop the pump or act outside proper commissioning practice; accordingly the defendant must pay the balance of the irrigation contract and 80% of the effluent and stock water contract (subject to agreed deductions already made), with the remaining 20% payable upon completion and commissioning; the defendant's counterclaims for losses and negligence fail; contractual interest was not agreed so only Judicat…