21 Oct 2021
SMITH v FONTERRA CO-OPERATIVE GROUP LIMITED [2021] NZCA 552
- Citation
- [2021] NZCA 552
- Court
- Court of Appeal
Court dismissed the appeal and allowed the cross-appeal striking out the third cause of action: the pleaded public nuisance and negligence claims (and the novel 'breach of duty' tort) are untenable because they would impose indeterminate liability, lack the necessary special damage/standing or sufficient causal/proximate connection to the defendants, and are inconsistent with the institutional competence of courts and the existing statutory and international regulatory framework for addressing climate change; accordingly the claims are struck out and no costs were awarded.