14 Jun 2021
ALDRIDGE v HOLLOWAY [2021] NZHC 1382
- Citation
- [2021] NZHC 1382
- Court
- High Court
The Court struck out the plaintiffs' negligence claim against MBSS Limited (MAXRaft) because, even assuming MAXRaft knew of or agreed to arrange the in-slab heating, the contractual architecture and allocation of risk between owner, head contractor and sub-contractor, together with the nature of the loss as pure economic loss and the limits of assumption of responsibility doctrine in construction settings, meant it was not just and reasonable to impose a tortious duty of care to the plaintiffs; foreseeability alone was insufficient and the pleaded duty would cut across contractual arrangement…