Gisborne District Council v Port Gisborne Limited (now known as Tauwhareparae Farms Ltd) and Ors - SC 63/2007

Summary

Civil – strike-out – whether lower Courts erred in refusing to strike out cause of action in negligence – respondent company seeking contribution from applicant Council in proceedings against them arising from the Jody F Millennium grounding – whether Court of Appeal conflated negligence and statutory duty causes of action – whether there can be a duty of care to protect someone from loss arising from his or her legal liability for negligence – whether respondent entitled in these circumstances to claim that applicant owed parallel duties of care to other parties including the ship – whether Court of Appeal erred in awarding full costs against the applicant. CA 118/06 10 August 2007

Result

Notice of abandonment being lodged, the application is deemed to be dismissed.

19 January 2008

Additional Information

Gisborne District Council v Port Gisborne limited (now known as Tauwhareparae Farms Limited) and ors [2007] NZCA 344 (10 August 2007)