RIDGECREST NEW ZEALAND LIMITED v IAG NEW ZEALAND LIMITED [2013] NZSC 108
The Supreme Court granted leave to appeal and formulated an approved question — whether Ridgecrest is entitled to be paid for damage from each earthquake up to the sum insured — permitting all arguments from the High Court and Court of Appeal to be relied on at the appeal hearing.
Source-derived case information.
- Citation
- [2013] NZSC 108
- Parties
- Applicant: Ridgecrest New Zealand Limited; Respondent: IAG New Zealand Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 November 2013
- Procedural Posture
- Leave to Appeal to the Supreme Court / Leave Granted
- Outcome
- Leave to appeal granted and approved question stated
- Legal Topics
- Sum Insured Limits, Aggregation of Losses, Earthquake Damage, Policy Interpretation
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ridgecrest New Zealand Limited
Applicant
IAG New Zealand Limited
Respondent
Procedural Posture
Leave to Appeal to the Supreme Court / Leave Granted
Legal Issues
- 1 Whether Ridgecrest is entitled to be paid for the damage resulting from each of the earthquakes up to the limit of the sum insured
Ratio Decidendi
The Supreme Court granted leave to appeal and formulated an approved question — whether Ridgecrest is entitled to be paid for damage from each earthquake up to the sum insured — permitting all arguments from the High Court and Court of Appeal to be relied on at the appeal hearing.
Court Disposition
Leave to appeal granted and approved question stated
Orders
- Leave to appeal granted
- Approved question: whether the Court of Appeal was correct to conclude that Ridgecrest is not entitled to be paid for the damage resulting from each of the earthquakes up to the limit of the sum insured
Full Case Text
Judgment text and source record
1 paragraphs
RIDGECREST NEW ZEALAND LIMITED v IAG NEW ZEALAND LIMITED [2013] NZSC 108 [8 November 2013]IN THE SUPREME COURT OF NEW ZEALANDSC 76/2013[2013] NZSC 108BETWEEN RIDGECREST NEW ZEALANDLIMITEDApplicantAND IAG NEW ZEALAND LIMITEDRespondentCourt: McGrath, William Young and Glazebrook JJCounsel: C R Carruthers QC and P A Cowey for ApplicantB D Gray QC and P M Smith for RespondentJudgment: 8 November 2013JUDGMENT OF THE COURTA Leave to appeal is granted.B The approved question is whether the Court of Appeal was correct to conclude that Ridgecrest is not entitled to be paid for the damage resulting from each of the earthquakes up to the limit of the sum insured.____________________________________________________________________REASONS[1] The approved question has been stated in general terms. All arguments advanced in the High Court and the Court of Appeal are, accordingly, able to be relied on at the hearing of the appeal.Solicitors:Parry Field, Christchurch for ApplicantFortune Manning, Auckland for Respondent