McCarthy v Wellington City
McCarthy v Wellington City
McCarthy v Wellington City is a 1965 case from the Court of Appeal of New Zealand about negligence and causation.
What happened
- The Wellington City Council left a safe containing explosives unsecured in a quarry.
- Nearby boys opened the safe, took explosives home, and shared them with another boy.
- A detonator exploded in that other boy’s hand, causing injuries.
- The injured boy’s parents sued the council for negligence.
The legal question
- Was the injury caused by the council or was the link broken by the actions of a third party?
- Could the injury have been foreseen by the council?
The decision
- The High Court found the injury foreseeable and awarded damages.
- The Court of Appeal upheld this ruling.
Note
- The Accident Compensation Act 1974 later bars such claims in New Zealand.
Why it matters
- This case is cited in New Zealand tort law for issues of causation in negligence.
Citation: [1966] NZLR 481
This page was last edited on 29 January 2026, at 12:28 (CET).