Smith v Stockdill (Linen Flax Corporation of New Zealand Third Party) - [1960] NZLR 53

Contract — Warranty — Corporation agreeing to provide Pulling Machine with which Defendant was required to harvest Linen Flax Crop at Time decided by Corporation's Factory Manager — Implied Warranty by Corporation that Machine reasonably fit for Purpose of Intended Use — Such Warranty also to be implied to give Contract Business Efficacy — Machine dangerous to Its Operator and Operable only in Breach of Machinery Act 1950, and so not reasonably fit for Intended Purpose — Breach of Implied Warranty

Machinery — Accident to Operator caused solely by Failure to guard Moving Parts — Breach of Statutory Duty on Part of Operator's Employer — Machinery Act 1950, s. 17 (1)

Negligence — Breach of Statutory Duty — Third Party — Accident to Employee — Employer Exposing Employee to Unnecessary or Unreasonable Risk in Operation of Machine as Contemplated by Agreement with Provider of Machine — Employer's Negligence referable to Machine provided by Third Party — Damages payable to Employee by Defendant Employer, recoverable in full from Third Party — Interest not payable by Third Party to Defendant.