New Zealand Case Law: Decisions & Judgments

Topic

Res ipsa loquitur

Legal area

Court

2 Aug 2021

PETERS v ATTORNEY-GENERAL SUED ON BEHALF OF MINISTRY OF SOCIAL DEVELOPMENT [2021] NZCA 355

Citation

[2021] 3 NZLR 191
Court

Court of Appeal

Media disclosure of the NZS overpayment was a serious invasion of privacy, but the chief executives' confidential briefings to their Ministers and to the State Services Commissioner were made in good faith for legitimate stewardship and accountability purposes and are not matters the privacy tort regulates; claims against the chief executives were also barred by statutory immunity under s86 of the State Sector Act; MSD was not shown on the evidence to have been the source of the media leak and res ipsa loquitur did not warrant inferring MSD liability.
29 Jun 2021

MONSBOURGH v KLC LIMITED [2021] NZHC 1553

Citation

[2021] NZHC 1553
Court

High Court

The High Court held that the KLC weatherboards were inherently susceptible to rapid weather damage but would meet acceptable quality only if protected by the manufacturer's specified coating and compliance with applicable painting/building standards; the homeowners' failure to follow those specifications and standards made their use unreasonable and prima facie defeated the CGA claim, but unresolved factual issues (whether the manufacturer sticker/specification was present and whether KLC failed to investigate when notified) required remittal for further determination.
14 Dec 2020

WINSTON RAYMOND PETERS v THE ATTORNEY-GENERAL ON BEHALF OF THE MINISTRY OF SOCIAL DEVELOPMENT [2020] NZCA 649

Citation

[2020] NZCA 649
Court

Court of Appeal

The Court granted leave to adduce the proposed fresh evidence provisionally because the material is fresh, credible and cogent, constitutes relevant admissions that bear directly on the appellant's grounds of appeal, and accordingly should be admitted de bene esse for determination at the full appeal hearing.
20 Apr 2020

PETERS v BENNETT & ORS [2020] NZHC 761

Citation

[2020] NZHC 761
Court

High Court

Court found plaintiff had a reasonable expectation of privacy in the MSD investigation into his NZS overpayment and that public disclosure to media would be highly offensive, but plaintiff failed to prove that any defendant (Ministers, MSD, SSC or officials) was responsible for leaking the information to the media. Disclosures to MSD management, to the State Services Commission and to Ministers were made in good faith and were justified under the 'no surprises' convention in the particular factual context (sensitivity following unrelated disclosures and public interest in assurance of system…
18 Jul 2018

ISAAC CONSTRUCTION LTD v NU-WAY ENERGY (NZ) LTD [2018] NZHC 1775

Citation

[2018] NZHC 1775
Court

High Court

On the balance of probabilities the court found the newly installed Nu-Way burner was the most likely source of the fire given timing, alarm sequence, physical damage to pump components (tappet and inner seal) and absence of realistic alternative causes; Nu-Way breached an implied contractual term that the burner be fit for purpose and breached a duty of care by failing to ensure appropriate post-commission monitoring by a suitably qualified person, and those breaches were a material and substantial cause of plaintiff's loss; res ipsa loquitur was inapplicable; contributory negligence was rej…
31 Oct 2016

WENTWORTH RETREAT (2009) LIMITED AND MARES PROPERTIES (NZ) LIMITED v DELL INC [2016] NZHC 2592

Citation

[2016] NZHC 2592
Court

High Court

The application for further particulars was refused because the bulk of the defendant's requests sought evidence, expert detail or documents within the defendant's own control (manufacture/supply records), not the particulars a pleading must contain; the statement of claim was adequately pleaded and plaintiffs had provided an expert report and discovery sufficient to prepare the defence; insurance/subrogation issues did not require particulars in the pleading.
8 Sept 1999

Atkinson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 247
Court

District Court

Appeal dismissed because, on the balance of probabilities, the evidence did not establish a causal link between the sub-optimal anaesthetic/aspiration event and the appellant's neurodevelopmental delay; statutory linking words do not relax the ordinary civil standard of proof.

New Zealand Case Law

PETERS v ATTORNEY-GENERAL SUED ON BEHALF OF MINISTRY OF SOCIAL DEVELOPMENT [2021] NZCA 355

MONSBOURGH v KLC LIMITED [2021] NZHC 1553

WINSTON RAYMOND PETERS v THE ATTORNEY-GENERAL ON BEHALF OF THE MINISTRY OF SOCIAL DEVELOPMENT [2020] NZCA 649

PETERS v BENNETT & ORS [2020] NZHC 761

ISAAC CONSTRUCTION LTD v NU-WAY ENERGY (NZ) LTD [2018] NZHC 1775

WENTWORTH RETREAT (2009) LIMITED AND MARES PROPERTIES (NZ) LIMITED v DELL INC [2016] NZHC 2592

Atkinson v Accident Rehabilitation and Compensation Insurance Corporation