13 Aug 2013
KRISTIN SCHOOL CHARITABLE TRUST v NORCROSS [2013] NZHC 2038
- Citation
- [2013] NZHC 2038
- Court
- High Court
Summary judgment against the first and third defendants was dismissed because factual disputes existed as to causation and the evidential weight of diversion admissions such that a fair trial was required; summary judgment was entered against the second defendant because the verified claim and available evidence established he initiated the fire. Trespass by co-defendants does not, without more, make them liable for the unforeseeable destructive acts of another and the negligence claim failed for lack of duty to act as alleged.