Taupo Borough Council v Birnie explained

Taupo Borough Council v Birnie
Court:Court of Appeal of New Zealand
Date Decided:23 September 1977
Full Name:Taupo Borough Council v J W Birnie Limited, T.A. Heath Limited, and James Watson Birnie and Eunice Mabel Birnie
Citations:[1978] 2 NZLR 397
Judges:Richmond P, Woodhouse J, Cooke J
Transcripts:Court of Appeal judgment
Keywords:negligence

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.[1]

Background

The Birnies owned a motel in Taupō. 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.

Notes and References

  1. Book: Butterworths Student Companion Torts . 4th --> . McLay . Geoff . LexisNexis . 0-408-71686-X. 2003 .