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High Court Wellington
5 August; 1 September; 3 October 1949
Hutchison J
Court of Appeal Wellington
20, 21 March; 27 July 1950
Northcroft J; Finlay J; Gresson J
5 August; 1 September; 3 October 1949
Hutchison J
Court of Appeal Wellington
20, 21 March; 27 July 1950
Northcroft J; Finlay J; Gresson J
Conversion — Handbag containing Sum of Money left on Shop-counter by Customer — Handbag found by Another Customer and handed to Shop-assistant — Handbag and Contents given by him to Stranger dishonestly claiming It — Shop-owner liable for Conversion — Term "gross negligence" discussed.
Negligence — Contributory Negligence — Damages awarded Handbag-owner for Conversion of her Handbag and Money Contents — Negligence in leaving Handbag on Shop-counter First Step in Causation of Her Loss and contributing to it to Greater Extent than Shop-owner's Conversion — "Fault" — Reduction of Damages for Conversion by Three-fourths — Contributory Negligence Act, 1947, s 3 (1).