The appellants appealed a trial judgment awarding damages for the loss of the respondents' research materials, which were damaged by water escaping from the appellants' above-ground pool.
The Court of Appeal dismissed the appeal, finding no error in the trial judge's assessment of damages based on the cost of replacing the research, as the materials had significant value for continuing research and academic teaching.
The court also upheld the costs order in favour of a third party insurer.
