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Court of Appeal Wellington
CA 72/02, 74/02
19, 20 February; 13 March 2003
Gault P, Blanchard and Tipping JJ
CA 72/02, 74/02
19, 20 February; 13 March 2003
Gault P, Blanchard and Tipping JJ
Negligence — Duty of care — Whether duty of care owed by issuer of certificate of survey of vessel to protect economic interests of owners — Approach to whether duty of care arises in situation not covered by authority — Maritime Transport Act 1993, s 4(1).
Tort — Breach of statutory duty — Whether action for negligent breach of statutory duty sustainable — Shipping and Seamen Act 1952, s 217.
Shipping and navigation — Certificates of survey — Purpose of such surveys — Shipping and Seamen Act 1952, ss 199, 204, 206, 207, 216 and 217.
Practice and procedure — Limitation of proceedings — Introduction of fresh cause of action — Whether change of pleading from allegation of negligent breach of statutory duty to allegation of breach of statutory duty simpliciter is fresh cause of action — High Court Rules, R 187(3).