New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Law reform act s 9

Legal area

Court

5 Jul 2018

MINISTER OF EDUCATION v McKEE FEHL CONSTRUCTORS LIMITED [2018] NZHC 1647

Citation

[2018] NZHC 1647
Court

High Court

Because RDT expressly informed the Court it did not seek costs and the judgment recorded that position, the Court is functus officio and cannot now revisit the costs issue; accordingly RDT's application for costs is refused.
23 Dec 2013

BFSL 2007 LIMITED & ORS (IN LIQUIDATION) v STEIGRAD [2013] NZSC 156

Citation

[2013] NZSC 156
Court

Supreme Court

The statutory charge under s 9(1) attaches on the happening of the event giving rise to the third‑party claim and secures the amount of the insured's liability as it is finally established (subject to the policy limit); defence costs are not within the statutory charge and payment of defence costs prior to judgment that would deplete funds available to meet the charged claim is at the insurer's risk.