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High Court Wellington
1, 6 February 1956
Cooke J.
Court of Appeal Wellington
13, 14, 17, 19 September 1956; 6 December 1957; 3 March 1958
Barrowclough C. J., F. B. Adams J., McGregor J.
1, 6 February 1956
Cooke J.
Court of Appeal Wellington
13, 14, 17, 19 September 1956; 6 December 1957; 3 March 1958
Barrowclough C. J., F. B. Adams J., McGregor J.
Negligence — Invitee — Repairs by Occupier — Subdelegation to Contractor — If Occupier without Technical Skill, Duty of care requiring Him to obtain and follow Good Technical Advice — Jury to determine whether Occupier used Such Reasonable Care as could be expected of Laymen in Selection of Contractor, in Supervising Work, and in inspecting Completed Work — Relevant Facts for Jury's Determination to be made Subjects of Separate Issues
Practice — New Trial — Issues — Relevant Facts for Jury's Determination not made Subject of Issues put at Trial — Denial of Such Issues to Defendant not cured by Summing-up — Substantial Miscarriage of Justice — New Trial Ordered on All Issues except Issue of Damages.