18 Jul 2018
ISAAC CONSTRUCTION LTD v NU-WAY ENERGY (NZ) LTD [2018] NZHC 1775
- Citation
- [2018] NZHC 1775
- Court
- High Court
On the balance of probabilities the court found the newly installed Nu-Way burner was the most likely source of the fire given timing, alarm sequence, physical damage to pump components (tappet and inner seal) and absence of realistic alternative causes; Nu-Way breached an implied contractual term that the burner be fit for purpose and breached a duty of care by failing to ensure appropriate post-commission monitoring by a suitably qualified person, and those breaches were a material and substantial cause of plaintiff's loss; res ipsa loquitur was inapplicable; contributory negligence was rej…