31 Aug 2022
AUCKLAND TROTTING CLUB INC v LANE NEAVE [2022] NZHC 2208
- Citation
- [2022] NZHC 2208
- Court
- High Court
The court found ATC established a reasonably arguable case that N-Compass had a prima facie claim under the policy because ATC's loss could be said to arise from N-Compass's failure to procure or disclose the existence of the parent company Guarantee (an independent contractual right enforceable against the parent) and that loss predated and was not necessarily caused by Canam's later insolvency; Vero had not established a 'cast-iron' defence under the insolvency exclusion and accordingly leave to join Vero was granted.