Recent New Zealand Court of Appeal Decisions

2 Pages Posted: 23 Oct 2014

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: May 22, 1988

Abstract

Sir Robin presented a paper at the Australian National University Tort seminar in May 1988 titled “Tort Illusions”. This note accompanied that paper, and listed (then) recent (1987 and 1988) New Zealand Court of Appeal decisions relating to the subjects of the seminar papers presented at the conference. These cases are: Mayfair Ltd v Pears [1987] 1 NZLR 459 (CA) — on remoteness of damages in regards to an intentional tort; Attorney-General v Geothermal Produce NZ Ltd [1987] 2 NZLR 348 (CA) — on “strict liability” and a chain of economic loss; Day v Mead [1987] 2 NZLR 443 (CA) — on equitable damages and contributory negligence in a fiduciary solicitor case; Attorney-General v Whangarei City Council [1987] 2 NZLR 50 (CA) — on the continued liability of a non-negligent excavator for subsidences caused in later years by his subterranean workings; Shing v Ashcroft [1987] 2 NZLR 154 (CA) — on Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465 (HL) not subverting contract; Dominion Rent A Car Ltd v Budget Rent A Car Systems (1970) Ltd [1987] 2 NZLR 395 (CA) — on shared goodwill and the emergence of an Australia-New Zealand common market; Klissers Farmhouse Bakeries Ltd v Harvest Bakeries Ltd [1988] 1 NZLR 16 (CA) — a passing-off case; Taylors Bros Ltd v Taylors Group Ltd [1988] 2 NZLR 1 (CA) — on damage to goodwill in passing-off; and Offshore Mining Co v Attorney-General CA 116/86 — on fiduciary questions. Sir Robin comments that these cases show that in New Zealand, where actions for damages for personal injury caused by accident are barred by an accident compensation scheme, tort law and its modern statutory counterparts are nonetheless alive and well.

Keywords: Lord Cooke, torts, New Zealand Court of Appeal

Suggested Citation

Cooke, Robin, Recent New Zealand Court of Appeal Decisions (May 22, 1988). Available at SSRN: https://ssrn.com/abstract=2513208

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
49
Abstract Views
378
PlumX Metrics