17 May 2012
SWORDFISH CO LIMITED V BULLER DISTRICT COUNCIL HC GRY CIV-2011-418-000143
- Citation
- openlaw-20c9a05a_3158_4419_a515_f9a82a494491.pdf
- Court
- High Court
The application to strike out was declined because, while the Court had strong reservations that a duty of care would be imposed in these circumstances, the issue involved novel questions of proximity and policy and there was insufficient factual evidence before the Court to be certain the claim could not succeed; accordingly the negligence and statutory duty causes of action must proceed to trial for full consideration.