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Wilson & Horton Ltd v Attorney-General - [1997] 2 NZLR 513


Court of Appeal Wellington
17, 18, 19 February; 1 May 1997
Richardson P, Gault, Henry, Blanchard and Hammond JJ
Negligence — Duty of care — Breach of bylaw — Whether duty of care breached by failure to adhere to bylaw — Goods stored in warehouse — Bylaw regulating weight which could be carried on floor of warehouse — Weight exceeded — Fire breaking out — Whether negligence caused damage to newsprint and building — Whether damage caused reasonably foreseeable — Apportionment of damages.
Bailment — Bailee's duty of care — Nature of duty — Goods and property damaged in possession of bailee — Onus of proof — Whether bailee required to prove that it took appropriate care of goods — Whether bailee required to prove that its failure to take appropriate care had contributed to loss — Nature and extent of duty generally.
Insurance — Fire — Storage of newsprint — Storage in alternative warehouse — Failure to disclose alternative premises when storing newsprint in breach of fire safety bylaws — Test of materiality — Whether storage in alternative warehouse in breach of bylaws should have been disclosed.
Damages — Apportionment — Newsprint stored in warehouse in breach of bylaw — Whether warehouse owner owed duty of care to owner of newsprint — Whether duty of reasonable care to minimise the effect of fire owed to owner of newsprint — Whether damages should be apportioned as between owner of newsprint and warehousekeeper.

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