New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Insurability

Legal area

Court

4 Dec 2012

MARCHAND, MARCHAND AND COSTELLOE v JACKSON & ANOR HC CHCH CIV 2011-409-810

Citation

openlaw-f5b74db2_c64c_47b3_ae80_a6148c97d125.pdf
Court

High Court

The court awarded costs to the first plaintiffs at category 2 band B, certified Mr Howie's expert fees and expenses in full as reasonably necessary and reasonable under r 14.12(2)-(3), and corrected the plaintiffs' claimed court hearing fees reducing them to $4,712.70; accordingly the order for costs in favour of the first plaintiffs was granted in the amount sought subject to that reduction.
2 Nov 2012

MARCHAND, MARCHAND AND COSTELLOE v JACKSON & ANOR HC CHCH CIV 2011-409-810

Citation

openlaw-6dbf7598_dcde_4a03_a229_392b16c6b1b9.pdf
Court

High Court

The broker breached his contractual duties by failing to procure the house and contents insurance, by assuring the plaintiffs that cover was in place and by not informing or properly advising them after becoming aware of the MAS cancellation and Dr Marchand's convictions; on the balance of probabilities the plaintiffs would have disclosed the convictions and obtained the insurance sought (or equivalent) if the broker had performed his duties, so the defendant is liable to compensate the plaintiffs to put them in the same position as if cover had been obtained; contributory negligence was not…