Landlords can’t recover from negligent tenants

Landlords can’t recover from negligent tenants

HOLLER & ROUSE v OSAKI & ANOR [2016] NZCA 130, 15 April 2016.

In 2009, a tenant of a house, Mr Osaki, negligently caused a fire that substantially damaged the house he was renting. His landlords were indemnified by AMI for the cost of repairs to the house. AMI exercised its subrogation rights to claim the repair costs from the tenants.

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Solicitor’s Negligence—Strike out

CLEARY v EWART ([2015] NZHC 3259, 16 December 2015

The Plaintiff (C) had entered into an agreement called an Option Deed with a Fijian company, (V).   The deed gave V the option to enter into a sale and purchase agreement with C for the sale of land in Fiji if the relevant Land Trust Board approval was given.   C had no right under the Option Deed to compel the option to be exercised in its favour. 

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Limited Liability for Housemovers

Limited Liability for Housemovers

Circuit v Andrews Housemovers Limited [2015] NZDC 24886 [18 December 2015]

Mr and Mrs Circuit purchased a house in Ellerslie, to move to their own property in Tairua. They engaged the defendant, AHL, to transport the house. During the move itself, the front section of the house was completely destroyed. AHL accepted liability for the loss under the Carriage of Goods Act 1979, but said that its liability was limited by the Act to the sum of $2000—a problem that the plaintiffs were keen to circumvent because they had not followed AHL’s advice to insure the house while in transit.

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