Citation(s) [1978] 2 NZLR 397 Decided 23 September 1977 | ||
 | ||
Full case name Taupo Borough Council v J W Birnie Limited, T.A. Heath Limited, and James Watson Birnie and Eunice Mabel Birnie Transcript(s) Court of Appeal judgment Judge sittings Clifford Richmond, Owen Woodhouse, Robin Cooke, Baron Cooke of Thorndon | ||
Taupo Borough Council v Birnie [1978] 2 NZLR 397 is a cited case in New Zealand regarding liability for loss of profits due to negligence.
Contents
Background
The Birnie's owned a motel in Taupo. As a result of repeated floodings at the motel, there was a substantial loss of income, which ultimately led to the motel later being sold at a mortgagee sale.
The flooding was the result of works by the local council, which resulted in the culverts not being able to handle the water, causing the flooding at the motel.
Held
The Court awarded damages against the council.
References
Taupo Borough Council v Birnie Wikipedia(Text) CC BY-SA