EN v CQ Ltd [2022] NZDT 51 (17 January 2022) [pdf, 174 KB]
...with the actual carrier after hearing from EN, GQ Ltd may have been able to establish whether the carrier went back to collect the TV. This would have given EN opportunity to track who came to his home to collect the TV. GQ Ltd did not follow up this matter because it believed it had no liability, the contract being at owner’s risk. 11. From the evidence I am satisfied that GQ Ltd has caused a loss for EN. The loss is the amount he paid for the TV and the cartage that he did not h...