High Court Wellington
26, 27, 28, 29, 30 November; 3, 4, 5, 13, 14 December 1990; 25, 26, 27, 28 February; 1, 4, 5, 6, 11, 12, 13, 14, 15, 27 March 1991
Smellie J
26, 27, 28, 29, 30 November; 3, 4, 5, 13, 14 December 1990; 25, 26, 27, 28 February; 1, 4, 5, 6, 11, 12, 13, 14, 15, 27 March 1991
Smellie J
Tort — Negligence — Duty of care — Liability of local authorities to warn of soil contamination — Site formerly occupied by timber treatment operator — Prospective purchaser inquired of the borough council and water board concerning proposed subdivision — In reliance on advice that there were no barriers to subdivision purchaser agreed to purchase site — Approval to subdivision was later withdrawn by council because of soil contamination — Purchaser claimed damages for breach of duty of care by council and board — Whether special relationship giving rise to duty of care existed between purchaser and council and board — Whether council and board were in breach of duty of care — Whether, if council had been in breach of duty of care, such breach was causative of purchaser's loss.
Damages — Assessment — Tort — One-man company — Observation as to whether damages should be awarded to company on basis of wages notionally payable.
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