Decided 2 December 1999 End date December 2, 1999 | Citation(s) [2000] 3 NZLR 406 | |
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Full case name R M TURTON & CO LIMITED (IN LIQUIDATION) Appellant v KERSLAKE & PARTNERS Respondent Transcript(s) Court of Appeal judgment Judge sittings John Henry, Ted Thomas, Kenneth Keith | ||
R M Turton & Co (in liq) v Kerslake & Partners [2000] 3 NZLR 406 is a cited case in New Zealand regarding defamation claims in situations where a claim can be in both tort and contract.
Contents
Background
R M Turton were the head contractor for the Southland Health Board's building of the Queenstown hospital.
The SHB appointed the engineering firm Kerslake and Partners as the engineers for the build.
Turton installed the airconditioning units that Kerslake specified for the build, however these units were not powerful enough for the building, requiring Turton to spend $75,000 to fix.
Turton sued SHB for breach of contract, and Kerslake in tort.
Held
The court dismissed Turton's appeal, as Keslake did not owe Turton any duty of care.
References
R M Turton & Co (in liq) v Kerslake & Partners Wikipedia(Text) CC BY-SA