12 Sept 2011
MINISTER OF EDUCATION V ECONICORP HOLDINGS LTD COA CA160/2011
- Citation
- COA CA160/2011
- Court
- Court of Appeal
Majority held the strike out was inappropriate because it was arguable that the builder owed a duty of care to the Minister as owner; foreseeability and causal nexus were met and proximity and policy considerations could not be said, as a matter of law at strike-out stage, to conclusively negate a duty. Consequently the High Court's order striking out the Minister's claim was quashed.