21 Jun 2021
NAPIER CITY COUNCIL v LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED [2021] NZHC 1477
- Citation
- [2021] NZHC 1477
- Court
- High Court
On textual and contextual analysis the Protection Wording's Exclusion cl 13(a) (properly read with the defined term "Claim") excludes all liability for building defects in any Claim alleging or arising directly or indirectly from weathertight failures; admissible extrinsic evidence (including RiskPool's 2012 declinature and scheme communications) demonstrated that meaning was known to and accepted by NCC at renewal, so RiskPool had no contractual liability to contribute to the Waterfront global settlement; had RiskPool been liable, apportionment principles and reasonableness of settlement wou…