LYTTELTON PORT COMPANY LTD v AON NEW ZEALAND & ORS [2018] NZHC 2626
The Court exercised its discretion and granted Aon New Zealand leave to appeal to the Court of Appeal against the judgment dated 26 July 2018; costs reserved.
Source-derived case information.
- Citation
- [2018] NZHC 2626
- Parties
- Plaintiff: Lyttelton Port Company Limited; Defendant: Aon New Zealand; First Third Party: Opus International Consultants Limited; Second Third Party: Colliers International Valuation (Chch) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 October 2018
- Procedural Posture
- Civil Review / Application for Leave to Appeal to Court of Appeal
- Outcome
- Leave to appeal granted to Aon New Zealand; costs reserved
- Legal Topics
- Leave to Appeal, Joinder, Review Judgment, Procedural Timetabling
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lyttelton Port Company Limited
Plaintiff
Aon New Zealand
Defendant
Opus International Consultants Limited
First Third Party
Colliers International Valuation (Chch) Limited
Second Third Party
Procedural Posture
Civil Review / Application for Leave to Appeal to Court of Appeal
Legal Issues
- 1 Whether leave to appeal to the Court of Appeal should be granted against this Court's judgment dated 26 July 2018
- 2 Whether the applicant may join Anthony Craig Paterson as a third party
- 3 Whether the review judge erred in law such that appellate consideration is warranted
Ratio Decidendi
The Court exercised its discretion and granted Aon New Zealand leave to appeal to the Court of Appeal against the judgment dated 26 July 2018; costs reserved.
Court Disposition
Leave to appeal granted to Aon New Zealand; costs reserved
Orders
- Aon New Zealand is granted leave to appeal to the Court of Appeal against this Court's judgment dated 26 July 2018.
- Costs are reserved.
Full Case Text
Judgment text and source record
1 paragraphs
LYTTELTON PORT COMPANY LTD v AON NEW ZEALAND & ORS [2018] NZHC 2626 [9 October 2018]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2015-409-000428[2018] NZHC 2626BETWEEN LYTTELTON PORT COMPANYLIMITEDPlaintiffAND AON NEW ZEALANDDefendantAND OPUS INTERNATIONALCONSULTANTS LIMITEDFirst Third PartyAND COLLIERS INTERNATIONALVALUATION (CHCH) LIMITEDSecond Third PartyHearing: 7 September 2018Appearances: N R Campbell QC and S D Williams for PlaintiffJ G Miles QC, and N R Frith for DefendantJudgment: 9 October 2018JUDGMENT OF NICHOLAS DAVIDSON J(APPLICATION FOR LEAVE TO APPEAL TO COURT OF APPEAL.REASONS TO FOLLOW)[1] This judgment is delivered shortly in advance of the Reasons for Judgment,because of the current progress towards trial set down for 20 May 2019.[2] The Defendant, Aon New Zealand ("Aon") has sought leave to appeal againstthe judgment of this Court dated 26 July 2018,1 given on review of the judgment ofAssociate Judge Christiansen dated 14 September 2017.2 So far, Aon has notsucceeded in its application to join Anthony Craig Paterson as a third party.[3] By this judgment, Aon New Zealand is given leave to appeal to the Court ofAppeal against the judgment of this Court dated 26 July 2018.[4] Costs are reserved..Nicholas Davidson JSolicitors:MinterEllisonRuddWatts, Auckland (for Aon New Zealand)Chapman Tripp, Christchurch (for Lyttelton Port Company Limited)Copy to counsel:N R Campbell QC, Barrister, Auckland (Counsel for Lyttelton Port Company Limited)S D Williams, Barrister, Auckland (Counsel for Lyttelton Port Company Limited)J G Miles QC, Barrister, Auckland (Counsel for Aon New Zealand)L G Taylor QC, Barrister, Auckland (Counsel for Aon New Zealand)1 Lyttelton Port Company Ltd v Aon New Zealand [2018] NZHC 1867.2 Lyttelton Port company Ltd v Aon New Zealand [2017] NZHC 2215.