6 Jul 2011
LOCKIE V NORTH SHORE CITY COUNCIL HC AK CIV 2007-404-6546
- Citation
- openlaw-615e7ffd_97da_4cff_b3b4_ddcf851a4ea2.pdf
- Court
- High Court
The court held that the negligence simplicita claim was misconceived and the negligent misstatement claim failed because Walls, as an employee acting for his employer and on company letterhead, did not personally assume responsibility to the plaintiffs; accordingly there was no proximate duty to impose personal liability. On the affidavit evidence the third defendant satisfied the summary judgment test that none of the plaintiffs' causes of action against him could succeed. The s 4 Limitation Act 1950 bar applied to the pleaded claims; the contractual limitation point required further inquiry…