21 Sept 2018
STOCKCO LTD v SHARPIN [2018] NZHC 2486
- Citation
- [2018] NZHC 2486
- Court
- High Court
The court held that no special relationship existed between Rural and Mr Williams sufficient to give rise to a duty of care in tort leading to an indemnity; there was insufficient proximity, no clear assumption of responsibility or induced reliance by Rural to pay proceeds to Stockco, the alleged duty would be novel and unnecessary given alternative remedies, and policy considerations (including floodgates and existing indemnities) weighed against imposing such a duty; accordingly the third party's claim could not succeed and summary judgment was entered for Rural Livestock Limited.