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It’s exactly what Wild J said when he considered similar issues in an early chapter of the litigation.Īnd although Rob Moodie makes a lot of the judge’s recommendation that the parties try to settle the Berrymans’ $4.5 million damages claim, Justice Mallon didn’t make any comments on the merits of the claim, which is a separate proceeding. We shouldn’t be too surprised at this result. The judge effectively amended that to partly their fault. The coroner had concluded that the collapse was primarily the Berrymans’ fault. She merely struck out the parts of the decision that confidently concluded that the Army wasn’t at fault. The judge made no finding about fault or wrongful conduct on the part of the Army. She said that, even considering what we know now, it is unlikely that the Berrymans could be completely exonerated.ĭoes it mean the Army was at fault? Not necessarily. The judge considered doing that, but found that there was evidence before the coroner upon which he was entitled to find that the Berrymans had inaquately maintained the bridge, quite apart from the problems with its design and construction. Bits of the coroner’s decision were struck out to make this change.ĭoes this absolve the Berrymans of blame? No. In fact, they really only succeeded on one point: quashing the coroner’s finding that there was no issue with the design or construction of the bridge by the Army. They failed on most of the grounds on which they sought to challenge the coroner’s findings. They wanted judicial review of the Army’s decisions and conduct. You can check out the decision, or just cut to the media summary.Īctually, it wasn’t entirely a win for the Berrymans. It makes a nice story, and I have no doubt it’s the way lawyer Rob Moodie would like it told.

The decision quashed the finding that the Berrymans were responsible for the collapse of the bridge and the death of Kenneth Richards.

It was faulty army workmanship that caused the collapse.

The Berrymans were “ cleared of blame” for the collapse.

The decision said the bridge collapse was “not their fault”.

Here are some things you might think you know about the Berryman case from the media coverage: You will have heard that Justice Mallon has granted judicial review of the coroner’s ruling in the Berryman’s bridge collapse case.

Budget leak: Nats’ behaviour “entirely appropriate”?.

When free speech creates disorder or hate.

NZME admits it misled listeners by buying into Trump’s ridiculous election fraud claims – but BSA somehow finds broadcasting standards not breached.

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