5 Sept 2016
FEENEY v GULLEY [2016] NZHC 2062
- Citation
- [2016] NZHC 2062
- Court
- High Court
On a strike-out application the pleaded damages were not clearly untenable because key issues of causation, remoteness and the reasonableness of mitigation (purchase of substitute property and remedial works) are factual matters for trial; therefore the defendant's partial strike-out application was dismissed and the pleaded heads of loss remain for determination at trial.