27 Jun 2008
CHARTERHALL TRUSTEES LTD V QUEENSTOWN LAKES DISTRICT COUNCIL AND ANOR HC INV CIV 2007-425-000588
- Citation
- openlaw-2720bc4f_3f60_42f7_9e4a_29bd33a79f99.pdf
- Court
- High Court
The strike‑out application was dismissed because the pleadings disclose an arguable cause of action: the pleaded facts establish foreseeable physical damage caused by a dangerous feature (chimney design), sufficient proximity to the consent authority, and the statutory scheme does not conclusively negate a common law duty of care; the matter is distinguishable from pure economic loss and negligent misstatement authorities and must proceed to trial to test the facts and evidence.