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Trisha Shetty

Taupo Borough Council v Birnie

Citation(s)  [1978] 2 NZLR 397
Decided  23 September 1977
Location  New Zealand
Taupo Borough Council v Birnie
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
Ruling court  Court of Appeal of New Zealand
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.

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.

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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


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