12 Sept 2012
SWORDFISH CO LIMITED V BULLER DISTRICT COUNCIL HC GRY CIV 2011-418-000143
- Citation
- openlaw-2ef39bb6_4635_42ca_817b_b6039fa63656.pdf
- Court
- High Court
On the pleaded facts damage was reasonably foreseeable and there is a prima facie proximity between the Council and subsequent purchasers grounded in the statutory scheme ss221-224 RMA; policy and public‑law considerations are significant but cannot be resolved on strike out without evidence of council processes and practical consequences, therefore the strike out was correctly refused and the case must proceed to trial to determine whether a duty of care should be imposed.