New Zealand Case Law: Decisions & Judgments

Topic

Exclusion clause

Legal area

Court

1 Aug 2023

LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED v NAPIER CITY COUNCIL [2023] NZSC 97

Citation

[2023] NZSC 97
Court

Supreme Court

The exclusion in Exclusion 13(a), read in its textual context and construed strictly as an insurance exclusion, excludes only liability causally connected to weathertightness; mixed claims are divisible and RiskPool remained liable for the separable portion of the settlement attributable solely to non-weathertightness defects. The Wayne Tank concurrent-cause principle did not require exclusion of the separable non-weathertightness liability here.
19 Apr 2023

VIENNA GROUP LTD (in liq) v KERRY LOGISTICS (OCEANIA) LTD [2023] NZHC 846

Citation

[2023] NZHC 846
Court

High Court

Leave to appeal was granted on both the Limitation and Exclusion Points because both issues raise arguable questions of law that may be dispositive, are sufficiently important to the parties and the interests of justice favour resolving them in the Court of Appeal rather than disposing of them on interlocutory strike out/summary judgment without full evidence.
11 Jun 2021

ALARON PRODUCTS LIMITED v HIBISCUS SOLUTIONS LIMITED [2021] NZHC 1416

Citation

[2021] NZHC 1416
Court

High Court

The application for a separate hearing under r 10.15 was dismissed because the applicant failed to displace the presumption of resolving all issues at trial: the proposed preliminary hearing risked producing muddied or partial findings, timing constraints (including judgment time and the close of pleadings) and appeal complications outweighed the potential benefits, and maintaining the scheduled fixture better promoted finality and settlement.
2 Jun 2021

GEORGE GRANT ENGINEERING LTD v FABRICATION & PIPE SERVICES LTD [2021] NZHC 1281

Citation

[2021] NZHC 1281
Court

High Court

On an objective construction the signed credit application which expressly accepted FPS's terms incorporated the exclusion clause and it was brought to GGE's attention in time; the clause was intended to cover the alleged defective performance and is not limited by the total non-performance principle in the circumstances; accordingly the exclusion clause excludes FPS's liability for the pleaded causes of action and summary judgment for FPS is warranted.
28 Nov 2016

BISHOP INDUSTRIES (WELLINGTON) LIMITED v CONSTRUCTION LABOUR HIRE LIMITED [2016] NZHC 2848

Citation

[2016] NZHC 2848
Court

High Court

The Court found CLH's written Terms and Conditions (signed via the credit application) including the exclusion clause were incorporated and CLH did not assume overall site supervision or liability for workmanship; misrepresentation claims were not reasonably arguable; however Bishop established a reasonably arguable counterclaim for over‑supply/unsuitable labour up to $19,890.40. Consequently the statutory demand was set aside to that extent and upheld for the remainder, with an order to pay $56,325.23 within ten working days or face liquidation proceedings.
3 Apr 2014

HELI HOLDINGS LIMITED v THE HELICOPTER LINE LIMITED [2014] NZHC 664

Citation

[2014] NZHC 664
Court

High Court

Summary judgment was dismissed because plaintiff failed to discharge the onus of showing defendants had no real defence: credible expert and factual material (maintenance and weight issues) raised arguable breaches and causation/quantum disputes that could not be resolved on interlocutory evidence; plaintiff's late reliance on the exclusion clause was procedurally unfair and not considered on the application.
29 Aug 2013

H & H CONTRACTORS LTD v LEIGHTON CONTRACTORS LTD & Or [2013] NZHC 2225

Citation

[2013] NZHC 2225
Court

High Court

Clause 45 required H & H to serve a prescribed notice within 15 working days from when it was reasonably aware of the matter (triggered by LW's 28 January 2009 email); H & H failed to comply and did not plead or support estoppel or fraud adequately; clause 45 therefore barred H & H's contractual claims and its FTA claim; all claims against Leighton Works were struck out.
10 Jul 2013

PRINCIPAL FINANCE LIMITED v HALSE [2013] NZHC 1723

Citation

[2013] NZHC 1723
Court

High Court

Read in context with the policy (not in isolation), 'beneficial interest or shareholding' must be read as 'beneficial interest or beneficial shareholding', so a non‑beneficial trustee shareholding does not trigger clause 7.11; clause 2.2.4 confines director cover to liability arising from professional advice given in capacity as solicitor, and the pleaded statutory director breaches went beyond giving professional advice and therefore are not covered. Result: indemnity under the policy for the first three causes of action; no indemnity for the fourth cause.
14 Dec 2010

TRUSTEES EXECUTORS LIMITED V QBE INSURANCE (INTERNATIONAL) LIMITED CA CA671/2009

Citation

openlaw-efc0e040_7063_4d9f_bf5d_0afd05a810a9.pdf
Court

Court of Appeal

The Court dismissed the appeal, upholding the High Court approach that the Securities Exclusion is to be interpreted by reference to the contract and factual context and can exclude claims involving depreciation in value of investments even where negligence or unauthorised investments contribute; exclusion clauses remain subject to narrow construction and contra proferentem when genuine ambiguity exists, but interpretation must account for the parties' mutual intention per Vector; furthermore, a definitive declaratory judgment on the policy's scope is generally unsuitable where key factual ba…
9 Dec 2010

NORTH HOLDINGS DEVELOPMENT LTD V FERNLEY & JACOB HC AK CIV-2010-404-4254

Citation

openlaw-47c196db_95d6_4744_98a7_cf9807060fa2.pdf
Court

High Court

Summary judgment was dismissed because there is an unresolved, arguable factual dispute about whether the vendor's director made pre-contractual representations that induced the defendants and whether those representations amounted to an implied warranty or otherwise fall outside clause 5.7; the s4(1) issue and credibility questions cannot be resolved on affidavits alone and therefore there is a real question to be tried.