Muir v Commissioner of Inland Revenue

The appeal by Gisborne District Council against the decision of the High Court not to strike out the negligence claim by Port Gisborne Ltd (now known as Tauwhareparae Farms Ltd) has been dismissed by the Court of Appeal. The court held that the council owed a duty of care to the port company, port users, and the ship to ensure that the safety and operation of the port were under the direction of an experienced, full-time harbourmaster. The court also held that there was a tenable causative link between the alleged breaches of duty and the harm suffered. The appeal is dismissed, and the first respondent is entitled to costs of $3,000 together with usual disbursements.