2 Nov 2022
Associate Judge Johnston exercised the Court's discretion to award costs to Impact Steel Frames on the discontinuance but declined indemnity costs because the Council's error, while unjustified, was not improper; the appropriate award was approximately two thirds of the reasonable actual costs claimed, resulting in an award of $5,500 to Impact Steel Frames.
21 Jul 2021
The Bank established entitlement to summary judgment: the guarantee was valid, demand was made and unpaid, the guarantee's express no set-off/no counterclaim clause precluded the defendant's asserted counterclaims and set-offs as a defence to payment, proposed third party claims against receivers/BDO do not defeat the Bank's right to judgment, and no exercise of discretion to refuse summary judgment was warranted.
26 Feb 2021
The settlement of the primary claim between Adama and Raam removed the principal factors that had previously supported assuming jurisdiction in New Zealand (notably concurrent litigation of core facts and procedural consistency); on the rehearing Raam no longer established that New Zealand was the appropriate forum under r 6.28(5)(c) and therefore failed the r 6.29 test, so UPL's protest to jurisdiction must stand and the third party claim against UPL is dismissed.
11 Sept 2019
Section 16 of the Canterbury Earthquakes Insurance Tribunal Act 2019 authorises transfer of the entire court proceeding, including third-party claims, where the plaintiffs' claim meets eligibility and the transfer is in the interests of justice; the Court ordered transfer because transfer furthers the interests of justice and the limitations on costs in the Tribunal do not by themselves amount to disqualifying prejudice.
31 May 2019
Even if joinder jurisdiction might exist, exercise of discretion refused: the plaintiff's surviving claim against IAG is contractual (insurance) not a tort claim against Hawkins, Holloway's related claim is stayed by liquidation, QBE's presence as defendant is not necessary to adjudicate the plaintiff's claim, joinder would cause unfair prejudice, delay and expanded issues for the plaintiff and IAG can pursue its contractual remedies by third party proceedings; accordingly application to join QBE as defendant dismissed and leave granted to join as third party instead.
5 Jul 2018
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.
7 Dec 2017
Both plaintiff and defendant were at fault for prosecuting a claim against the wrong corporate entity through failure to ascertain the date of the work and to check corporate records; costs between plaintiff and defendant lie where they fall, but third parties' costs are payable, apportioned two-thirds to defendant and one-third to plaintiff for all third parties except the insurer for which the defendant alone is liable; specified quantum awards follow.
18 May 2017
The Court granted Allianz leave to file the proposed amended statement of defence and allowed QBE to file a reply, permitted the trial to proceed without re-joining the Body Corporate, and reserved determination and allocation of costs of the interlocutory applications until after trial, noting reluctance to adopt a 50:50 split and observing that the procedural activity was driven principally by Allianz and QBE.
30 May 2014
The Deed's plain wording imposed guarantees covering manufacture and compliance in China and was not, on its face, limited to discharge on shipment; however the pre-contractual correspondence and draft exchange (including the drafter's covering email) established a common assumption and representation accepted by the parties that the trustees' guarantee would expire on shipment ex-China; it would be unconscionable for Macrennie to resile from that assumption; accordingly summary judgment granted for the fourth third parties and the third-party claim against them dismissed; issues as to novati…
14 Dec 2012
The Building Act 2004 s393(2) ten-year longstop applies to all civil proceedings relating to building work including claims for contribution and third-party claims; s393(2) prevails over the Limitation Act (s33) and thus the s17 Law Reform Act 'if sued in time' exception and s14 accrual rule cannot defeat the Building Act longstop. Mainzeal's cross-claims and third-party claim against Downer, Contract Coatings and Mr Wallace were therefore statute-barred and, absent pleaded contractual claims under warranties with compliant notice (which Mainzeal did not plead), were struck out.