Court of Appeal Wellington
6, 7, 8 May 1985; 19 June 1986
Cooke P, Richardson J and Sir Clifford Richmond
6, 7, 8 May 1985; 19 June 1986
Cooke P, Richardson J and Sir Clifford Richmond
Negligence — Duty of care — Breach of duty — Council issued landowner with a permit to build house — Before permit was issued, landowner's application had been referred to Drainage Board — As a matter of practice, Drainage Board drew Council's attention to any situation of flood danger apparent from a building permit — In this case Board made no comment on possibility of flooding — Land on which house was built proved susceptible to flooding from nearby river — Landowner claimed cost of raising house as damages against Drainage Board — Whether Drainage Board was under a duty to advise landowner of the land's susceptibility to flooding — Whether Drainage Board was in breach of its duty — Court's approach to a negligence case discussed.
Loading... Please wait...
