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Second appeal in a loan dispute dismissed after the High Court found the borrower accepted and used the funds, but failed to prove breach or covered loss.
The 3rd Defendant’s reckless and negligent driving caused the accident and death of the Plaintiff’s daughter. The 1st Defendant, as owner, and the 2nd Defendant, as managing director, failed in their statutory duty to ensure the vehicle was insured. The Plaintiff failed to strictly prove special damages for funeral, medical, and vehicle repair costs, but is entitled to general damages for the psychological and emotional suffering caused by the wrongful death.
Source excerpt
The Plaintiff failed to prove, on a balance of probabilities, that all destroyed goods were covered by the insurance policy or that he was entitled to the claimed specific and general damages. The insurance covered only the loan amount for beverages business, the bank was the insured and first loss payee, and the Plaintiff failed to strictly prove specific damages as required by law.
Source excerpt
The High Court dismissed a negligence claim arising from a slip and fall at PPF Tower, finding no defect in the premises and relying on a visible warning sign.
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