South Pacific Manufacturing Co Ltd v New Zealand Security Consultants & Investigations Ltd Mortensen v Laing - [1992] 2 NZLR 282

Tort — Negligence — Duty of care — Private investigator appointed to report on claim arising from suspicious fire — Insured refusing to indemnify as a result of alleged negligent report — Claim by insured against private investigator for alleged resultant loss — Claim by third party (creditor) against private investigator for alleged negligent report resulting in failure to indemnify insured — Whether duty of care owed to insured or to third party by private investigator.

Insurance — Fire — Private investigator appointed by insurer to investigate allegedly suspicious fire — Insured refusing to indemnify as a result of alleged negligent report — Claim by insured against private investigator for alleged resultant loss — Claim by third party (creditor) against private investigator for alleged negligent report resulting in failure to indemnify insured — Whether duty of care owed to insured or to third party by private investigator.

Practice and procedure — Statement of claim — Application to strike out — Whether pleaded causes of action tenable — Principles applicable.