Taupo Borough Council v Birnie

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.

Taupo Borough Council v Birnie
Court	Court of Appeal of New Zealand
Full case name	Taupo Borough Council v J W Birnie Limited, T.A. Heath Limited, and James Watson Birnie and Eunice Mabel Birnie
Decided	23 September 1977
Citation	[1978] 2 NZLR 397
Transcript	Court of Appeal judgment
Court membership
Judges sitting	Richmond P, Woodhouse J, Cooke J
Keywords
negligence

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.