McCarthy v Wellington City - [1966] NZLR 481

Negligence — Duty of care — Question of existence of duty of care one for Judge and not to be left to jury — Explosives negligently stored on premises — To whom duty of care owed to keep them secure — Whether limited to persons entering on premises — Whether extending to persons not so entering but into whose hands explosives may come.

Negligence — Novus actus intervenes — Explosives negligently stored on premises — Found to be foreseeable that they will be taken by young persons and distributed to others who have never entered premises — Whether such distribution a novus actus intervenes or a foreseeable consequence of original act of negligence.

Practice and procedure — Trial by jury — Action for damages for negligence — Existence of duty of care in issue — Whether to be determined by Judge or jury.