4 Apr 2014
THE MINISTER OF EDUCATION v CARTER HOLT HARVEY LTD [2014] NZHC 681
- Citation
- [2014] NZHC 681
- Court
- High Court
On strike out principles the plaintiffs' pleaded causes of action could not be said to be plainly untenable: (1) proximity and a duty of care in negligence were arguable on the pleadings and contextual evidence given foreseeability, vulnerability and potential physical damage; (2) CGA claims based on guarantees against a manufacturer are arguable though guarantees that apply only to 'suppliers' cannot be sustained; and (3) the 10 year long stop (s91/s393) does not apply to the manufacture and supply of generic building components not related to work on a specific building, so the proceedings…