UI v Q Ltd [2023] NZDT 553 (6 March 2023) [pdf, 194 KB]
...said that had he been leading the trip, he would not have been able to continue on the trip because it would not have been safe to do so. I accept LS’s evidence on this point, and I am satisfied that there has been no failure by BN to exercise his judgement that it was not safe for UI to continue on the trip. (d) However, while LS did say that he did not hear BN shouting at UI (except for the incident on the river), LS did describe BN’s manner as “very military”. LS said that dif...