1 Sept 2017
MARLBOROUGH LINES LIMITED v NEW ZEALAND FIRE SERVICE COMMISSION [2017] NZHC 2127
- Citation
- [2017] NZHC 2127
- Court
- High Court
The District Court was correct to refuse summary judgment because although s43 imposes strict liability, where no negligence or deliberate act is pleaded and the fire was not deliberately lit the scope for liability is very limited but not non‑existent; the question of whether the events were ordinary or extraordinary and whether the appellant caused the fire requires full factual inquiry and cannot be resolved on the affidavits before a summary hearing.