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Court of Appeal Wellington
CA 259/02
28, 29, 30 October 2003; 23 June 2004
Gault J, Anderson P and Glazebrook J
CA 259/02
28, 29, 30 October 2003; 23 June 2004
Gault J, Anderson P and Glazebrook J
Tort — Duty of care — Contractual relationship between A and B and between B and C — No contractual relationship between A and C — Whether duty of care owed by C to A in light of contracts — Test to apply.
Tort — Duty of care — Whether duty to take reasonable care to perform a contract owed to a non party.
Tort — Duty of care — Pleading of negligence in or while performing a contract — Commercial construction case — Whether duty owed in the circumstances.
Practice and procedure — Appeals to Court of Appeal — Striking out proceedings — Whether Court has jurisdiction when preliminary point only.