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High Court Wellington
8, 9, 10, 11, 25 February 1988
Tipping J
Court of Appeal Wellington
10, 11 July 1989; 12 March 1990
Cooke P, Richardson, Somers, Casey, and Bisson JJ
8, 9, 10, 11, 25 February 1988
Tipping J
Court of Appeal Wellington
10, 11 July 1989; 12 March 1990
Cooke P, Richardson, Somers, Casey, and Bisson JJ
Tort — Negligence — Duty of care — Customs Department and forfeited goods — Yacht involved in smuggling was seized by Customs Department and forfeited to Crown — Innocent owner of yacht sought and obtained waiver of forfeiture — During period of forfeiture yacht was damaged through negligence of Crown — Owner sued Crown for damages for negligence — Whether waiver of forfeiture was retrospective so as to restore ownership of owner from date of forfeiture — Whether Crown owed duty of care to owner during period of forfeiture — Customs Act 1966, ss 228A, 274, 275 and 287.