New Zealand Case Law: Decisions & Judgments

Topic

Third party liability

Legal area

Court

31 May 2023

FLETCHER CONSTRUCTION COMPANY LTD v CHUBB INSURANCE NEW ZEALAND LTD _x000b_[2023] NZHC 943

Citation

[2023] NZHC 943
Court

High Court

Summary judgment was dismissed because the meaning and application of the Insuring Clause and Exclusion 6 could not be resolved on the policy text alone; the Insurers' interpretation (that the policy does not cover voluntarily assumed contractual indemnities and that Exclusion 6 excludes liabilities arising from damage to works under construction) was reasonably arguable and resolving the dispute requires full contextual extrinsic evidence and possibly participation of SkyCity; the strike-out application was dismissed but the statement of claim was found deficient in seeking a broad declarati…
15 May 2017

HULJICH v HULJICH [2017] NZHC 977

Citation

[2017] NZHC 977
Court

High Court

The Court had jurisdiction under High Court Rule 4.56 and exercised its discretion to grant leave to join Michael because his presence is necessary to determine which son is liable for the unpaid $264,000; the limitation defence was not clearly established on the existing evidence and any delay prejudice is outweighed by the need for complete adjudication and can be managed by timetable directions and costs.
15 Aug 2008

DANE DEVELOPMENTS LIMITED V BURFORD AND ANOR HC AK CIV 2005-404-005655

Citation

openlaw-cd002db7_dcda_49ac_90df_c7b176183d26.pdf
Court

High Court

Under r 476C a discontinuing party is presumptively liable for costs; the eighth third party was entitled to costs for commencement of defence and attendance at case management conferences because it should not have been brought into the litigation, but costs for preparation and filing of a summary judgment application and filing fees were disallowed as unnecessary; the commencement allowance was reduced from category 2B to 2A, producing an award of $3,360 and no disbursements.
11 May 2006

DOWNER CONSTRUCTION (NEW ZEALAND) LTD V SILVERFIELD DEVELOPMENTS LTD (FORMERLY REDWOOD GROUP NO 8 LTD) HC AK CIV-2005-404-6800

Citation

openlaw-e7982ffc_90ab_4f46_9f8e_581c134beb7b.pdf
Court

High Court

The High Court held the arbitrator did not err in law: specific performance (ordering Downer to remedy defects) was available and appropriate despite Silverfield not having possession and lacking a right to sue for purchasers' losses, because Downer had contractually promised repair as the primary remedy, damages were inadequate or impracticable to quantify or procure given widespread defects and difficulty in engaging substitute contractors, the order was sufficiently precise and conditional on owners' consents and the arbitrator acted within his discretion and jurisdiction under the Arbitra…

New Zealand Case Law

FLETCHER CONSTRUCTION COMPANY LTD v CHUBB INSURANCE NEW ZEALAND LTD _x000b_[2023] NZHC 943

HULJICH v HULJICH [2017] NZHC 977

DANE DEVELOPMENTS LIMITED V BURFORD AND ANOR HC AK CIV 2005-404-005655

DOWNER CONSTRUCTION (NEW ZEALAND) LTD V SILVERFIELD DEVELOPMENTS LTD (FORMERLY REDWOOD GROUP NO 8 LTD) HC AK CIV-2005-404-6800