PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 70 [20 June 2016]
Leave to appeal was granted to determine two questions of law: the extent of the insurer's liability under the policy and the legal effect of the release.
Source-derived case information.
- Citation
- [2016] NZSC 70
- Parties
- Applicant: Prattley Enterprises Ltd; Respondent: Vero Insurance New Zealand Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 June 2016
- Procedural Posture
- Leave to Appeal / Leave Granted by the Supreme Court
- Outcome
- Leave to appeal granted by the Supreme Court
- Legal Topics
- Liability Under Insurance Policy, Effect of Release, Interpretation of Insurance Contracts
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prattley Enterprises Ltd
Applicant
Vero Insurance New Zealand Limited
Respondent
Procedural Posture
Leave to Appeal / Leave Granted by the Supreme Court
Legal Issues
- 1 Nature and extent of the respondent's liability under the insurance policy
- 2 Effect of the release on the claimant's rights
Ratio Decidendi
Leave to appeal was granted to determine two questions of law: the extent of the insurer's liability under the policy and the legal effect of the release.
Court Disposition
Leave to appeal granted by the Supreme Court
Orders
- Leave to appeal is granted.
- Approved grounds: (a) the nature and extent of the respondent's liability under the insurance policy; (b) the effect of the release.
Full Case Text
Judgment text and source record
1 paragraphs
PRATTLEY ENTERPRISES LTD v VERO INSURANCE NEW ZEALAND LIMITED [2016] NZSC 70 [20 June 2016]IN THE SUPREME COURT OF NEW ZEALANDSC 32/2016[2016] NZSC 70BETWEEN PRATTLEY ENTERPRISES LTDApplicantAND VERO INSURANCE NEW ZEALANDLIMITEDRespondentCourt: Glazebrook, Arnold and O'Regan JJCounsel: F M R Cooke QC and S P Rennie for ApplicantD J Goddard QC and C M Brick for RespondentJudgment: 20 June 2016JUDGMENT OF THE COURTA Leave to appeal is granted (Prattley Enterprises Limited v Vero Insurance New Zealand Limited [2016] NZCA 67).B The approved grounds are:(a) the nature and extent of the respondent's liability under the insurance policy; and(b) the effect of the release.____________________________________________________________________COMMENT[1] For the avoidance of doubt, these issues are intended to encompass thegrounds set out at 5.1 and 5.3 of the respondent's submissions.Solicitors:Rhodes & Co, Christchurch for ApplicantFee Langstone, Auckland for Respondent