Court of Appeal Wellington
22, 23 August; 29 September 1988
Richardson, Somers and Bisson JJ
22, 23 August; 29 September 1988
Richardson, Somers and Bisson JJ
Insurance — Brokers — Measure of damages for breach of contractual duty of care — Broker was in breach of contract with client to arrange proper fire insurance cover over client's fibreglass boat repair business — Whether the measure of damages was the value of the opportunities lost by the client as a result of the breach — Whether client would knowingly have carried on an uninsured business — Whether, had insurance been arranged, insurer could have declined claim because of client's negligence falling short of recklessness or gross irresponsibility — Whether broker was liable for client's uninsured loss.
Practice and procedure — Judgments and orders — Interest on judgment pursuant to s 87 of the Judicature Act — Whether, when special damages are awarded for breach of contract, judgment should carry interest from date when claim should have been met — Judicature Act 1908, s 87.
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