Cashfield House Ltd v David & Heather Sinclair Ltd - [1995] 1 NZLR 452

Tort — Negligence — Independent contractor — Duty of care — Whether principal vicariously liable for negligence of independent contractor — Whether independent contractor engaged in hazardous activity — Circumstances in which principal might owe primary duty of care to those who could be foreseeably damaged by acts or omissions of independent contractor.

Damages — Apportionment — Joint tortfeasors — Whether joint tortfeasors' liability for damages to plaintiff could be apportioned as between themselves — District Courts Act 1947, ss 50 and 51 — Law Reform Act 1936, s 17.

Practice and procedure — Judgments and orders — Setting aside — Whether High Court has power to set aside judgment against a respondent who did not appeal — District Courts Act 1947, s 77(1) and (2).