BODY CORPORATE NO. 189855 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2005-404-005561

BODY CORPORATE NO. 189855 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2005-404-005561

The court found the discrepancy in the pleaded consequential loss figures was a minor clerical error arising from the third statement of claim and, having regard to the evidence of Mr Blackmore and the parties' joint memorandum, ordered the judgment amended under High Court Rules r540(4) to reflect the correct consequential loss amount of $5,720 for the owners of Units 13 and 14.

Citation
openlaw-799f804f_1156_4d03_b937_89b2dc6f158d.pdf
Parties
First Plaintiff: BODY CORPORATE NO. 189855; Second Plaintiff: PAULINE LOUISE HOUGH & ORS; First Defendant: NORTH SHORE CITY COUNCIL; Second Defendant: STEPHEN FRANCIS SMYTHE; Third Defendant: PATRICK JAMES O'HAGAN; Fourth Defendant: CENTRE OF ATTRACTION LIMITED (FORMERLY O'HAGAN INDUSTRIES LIMITED) (IN LIQUIDATION); Fifth Defendant: JOSEPH WALDEN; Sixth Defendant: STACK NZ LIMITED; Seventh Defendant: ANDREW PLASTERING CO (1994) LIMITED; First Third Party (discontinued): ALAN MAXWELL GRANT; Second Third Party (discontinued): BARRY GLENN BRACEWELL
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 September 2008
Procedural Posture
Civil (high Court) / Judgment (addendum)
Outcome
Judgment amended to correct consequential loss amounts
Legal Topics
Consequential Loss, Clerical Error, Amendment of Judgment, Damages
Civil Procedure Property Law Remedies Evidence Consequential Loss Clerical Error Amendment of Judgment Damages

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Parties

BODY CORPORATE NO. 189855

First Plaintiff

PAULINE LOUISE HOUGH & ORS

Second Plaintiff

NORTH SHORE CITY COUNCIL

First Defendant

STEPHEN FRANCIS SMYTHE

Second Defendant

PATRICK JAMES O'HAGAN

Third Defendant

CENTRE OF ATTRACTION LIMITED (FORMERLY O'HAGAN INDUSTRIES LIMITED) (IN LIQUIDATION)

Fourth Defendant

JOSEPH WALDEN

Fifth Defendant

STACK NZ LIMITED

Sixth Defendant

ANDREW PLASTERING CO (1994) LIMITED

Seventh Defendant

ALAN MAXWELL GRANT

First Third Party (discontinued)

BARRY GLENN BRACEWELL

Second Third Party (discontinued)

Procedural Posture

Civil (high Court) / Judgment (addendum)

Legal Issues

  1. 1 Whether consequential loss amounts should be amended to reflect the evidence of Mr Blackmore
  2. 2 Whether the error in the third statement of claim was a minor clerical error warranting correction
  3. 3 Whether the court should amend its judgment pursuant to High Court Rules r540(4)

Ratio Decidendi

The court found the discrepancy in the pleaded consequential loss figures was a minor clerical error arising from the third statement of claim and, having regard to the evidence of Mr Blackmore and the parties' joint memorandum, ordered the judgment amended under High Court Rules r540(4) to reflect the correct consequential loss amount of $5,720 for the owners of Units 13 and 14.

Court Disposition

Judgment amended to correct consequential loss amounts

Orders

  • Amend paragraphs [395] and [424] of the judgment so that the consequential losses for the owners of Units 13 and 14 are $5,720.