Decision reserved in w.of. case

Press, 12 October 1976, Page 28

Decision reserved in w.of. case

Mr Justice Barker has reserved decision after legal argument between a plaintiff, Rodney Quick, and the Mercury Bay Service Station, Ltd, over three days in the Supreme Court at Auckland. A jury last July awarded Mr Quick $137,000 damages after finding against the service station in issuing a warrant of fitness to Mr Quick’s car in December, 1970. He was subsequently injured when the car was in an accident a day after the warrant was issued. Mr A. L. Hassall, for the service station, sought an order setting aside judgment for Mr Quick and the entry

of judgment for the service station, or, alternatively, sought a new trial. As part of the grounds for the motion, Mr Hassall submitted that the issue of a warrant of fitness was merely a performance of a statutory duty for which the issuer was liable to prosecution in the event of a negligent issue, but not liable to an action for compensatory damages at the suit of any person injured consequent upon some defect not discovered upon examination of the vehicle for a warrant of fitness. Mr G. V. Hubble, for the plaintiff, opposed the motion and denied the claims made bv Mr Hassall.