New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Special relationship
  • 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.