New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contribution between joint tortfeasors

Legal area

Court

23 Jul 2014

WILKINSON BUILDING & CONSTRUCTION LTD v AUCKLAND COUNCIL [2014] NZHC 1728

Citation

[2014] NZHC 1728
Court

High Court

The statutory demand was not set aside because there was no genuine and substantial dispute about liability or quantum given the Tribunal's determination and Keane J's confirmation; the Council was entitled to seek contribution for the amount it had paid without first pursuing other tortfeasors to insolvency; the applicant failed to show the discretion should be exercised to prevent enforcement.
22 Dec 2009

LANDO & ANOR V AMUR PROPERTIES & CONSTRUCTION LIMITED ORS HC AK CIV 2007-404-004518

Citation

openlaw-b2f644b2_218e_4df2_b3a8_8d7eb3383eab.pdf
Court

High Court

The ninth defendants were entitled to costs on the schedule 3 category 2 band B basis; however the court exercised r 14.1 discretion to reduce the claimed inspection allowance to $1,000 because the work actually done was minimal, and denied any order for contribution by the sixth defendant because the council's cross claim was contingent, it did not press a defence, and it did not cause the costs incurred by the ninth defendants.