23 Jun 2004
ROLLS-ROYCE NEW ZEALAND LIMITED V CARTER HOLT HARVEY LIMITED And Anor CA CA259/02
- Citation
- openlaw-7a6789ec_45df_4ffc_8b3a_e075ff4299ba.pdf
- Court
- Court of Appeal
The negligence cause of action was struck out to the extent it pleaded a duty to perform contractual obligations owed to Genesis because the claim was essentially contractual, the contractual matrix and limitation provisions rebutted the necessary proximity and it was not just and reasonable to impose the asserted tortious duty; exceptions preserved were negligent misstatement (Hedley Byrne) allegations and claims of actual physical damage which required further factual inquiry.