3 Dec 2010
TOURISM HOLDINGS LTD V THORBURN CONSULTANTS (NZ) LTD AND ORS HC AK CIV-2009-404-008051
- Citation
- openlaw-8f1a2059_c3d1_4eaa_b9ef_9986c4452796.pdf
- Court
- High Court
The summary judgment application was dismissed because disputed issues of material fact exist as to whether Thorburn Consultants owed and breached a duty of care to Air Action Installation (including failure to disclose the sewer overflow risk and Watercare requirements) and whether that would have affected design or installation; those issues require trial, and delay in bringing the application did not justify striking it out but did weigh against the applicant.