New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Injunctive and declaratory relief
  • 6 Mar 2020

    SMITH v FONTERRA CO-OPERATIVE GROUP LTD [2020] NZHC 419

    Citation
    [2020] 2 NZLR 394
    Court
    High Court

    The plaintiff's public nuisance claim is struck out because he lacks the required special damage and cannot show an unlawful act or sufficient causal nexus between defendants' conduct and the particular damage pleaded; the negligence claim is struck out because the asserted novel duty fails on foreseeability, causation, proximity and policy grounds (indeterminate and disproportionate liability, and comprehensive statutory regime occupying the field); the claim for a novel 'inchoate' duty is not struck out because the Court will not at strike‑out stage foreclose the possible development of the…