Simms Jones Ltd v Protochem Trading NZ Ltd - [1993] 3 NZLR 369

Practice and procedure — Limitation of proceedings — Contract for supply of goods — Supply over lengthy period — Goods not corresponding with sample — Goods not of merchantable quality — Whether time ran from when breach occurred or date upon which resultant damage was suffered.

Tort — Negligence — Duty of care — Contract for sale of goods — Goods not corresponding with sample — Allegation of duty of care to exercise skill and care in supply — Action brought in contract and in tort — Whether action lay in tort.

Contract — Sale of goods — Goods not corresponding with sample — Goods not of merchantable quality — Allegation of duty of care to exercise skill and care in supply — Action brought in contract and in tort — Whether action lay in tort.