LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2007-404-1352

LEONARDO V AUCKLAND CITY COUNCIL AND ORS HC AK CIV-2007-404-1352

The court reserved costs on the summary judgment application. Applying NZI Bank v Philpott and the High Court Rules, the proper course where summary judgment fails is ordinarily to reserve costs unless the application was erroneously brought or made in the knowledge of a bona fide defence; third‑party summary judgment applications are treated the same for costs purposes.

Citation
openlaw-b7b671c8_3aa6_4601_bdec_150d00d7e5c1.pdf
Parties
Plaintiff: John William Leonardo; Plaintiff: Susan Anne Leonardo; First Defendant: Auckland City Council; Second Defendant: Willott Design Limited; Third Defendant: Kevin Hilliam
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 February 2009
Procedural Posture
Civil (negligence/building Defect; Third‑party Indemnity Claim) / Summary Judgment Application (interlocutory); Costs Application Following Disallowance
Outcome
Costs reserved
Legal Topics
Summary Judgment, Costs Reservation, Third‑party Proceedings, Indemnity/contribution, Water‑tightness/building Defects
Civil Procedure Costs Professional Negligence Building Law Insurance/indemnity Summary Judgment Costs Reservation Third‑party Proceedings +2 more

Case Brief

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Parties

John William Leonardo

Plaintiff

Susan Anne Leonardo

Plaintiff

Auckland City Council

First Defendant

Willott Design Limited

Second Defendant

Kevin Hilliam

Third Defendant

Procedural Posture

Civil (negligence/building Defect; Third‑party Indemnity Claim) / Summary Judgment Application (interlocutory); Costs Application Following Disallowance

Legal Issues

  1. 1 Whether summary judgment by a third party against a defendant should be granted to dispose of an indemnity/contribution claim
  2. 2 How costs should be allocated on an unsuccessful summary judgment application by a third party
  3. 3 Application of High Court Rules r 48E and the principles in NZI Bank Ltd v Philpott

Ratio Decidendi

The court reserved costs on the summary judgment application. Applying NZI Bank v Philpott and the High Court Rules, the proper course where summary judgment fails is ordinarily to reserve costs unless the application was erroneously brought or made in the knowledge of a bona fide defence; third‑party summary judgment applications are treated the same for costs purposes.

Court Disposition

Costs reserved

Orders

  • Costs are reserved.