New Zealand Case Law: Decisions & Judgments

Topic

Indemnity claim

Legal area

Court

4 Dec 2017

FOWLER HOMES SOUTHERN LAKES LTD v BOSE AND WOOD COSTS [2017] NZHC 2989

Citation

[2017] NZHC 2989
Court

High Court

Because the litigation remains unresolved and the defendants' liability under the underlying construction contract remains undecided, amendment of the pleading did not make the prior summary judgment application the subject of a concluded hearing; accordingly the application for immediate determination of costs is dismissed and costs are reserved to be assessed when the case is finally determined.
4 Aug 2016

WHITFORD PROPERTIES LTD (IN LIQ) v BRUCE & ORS [2016] NZHC 1795

Citation

[2016] NZHC 1795
Court

High Court

The adjournment was declined because the trial had been scheduled nearly a year earlier, the proceeding had been on foot for two years, the applicant had ample time to prepare or seek legal aid, a further delay of up to a year would be unjust and prejudicial to the plaintiff and contrary to the public interest in efficient use of court resources, and the applicant could be accommodated at the scheduled hearing and rely on co-defendants' defences and pursue any indemnity claim later.
3 Mar 2006

NDA ENGINEERING LTD V CEM INTERNATIONAL PTY LTD HC HAM CIV-2004-419-1604

Citation

openlaw-507be29d_e74f_4ccf_834a_295743011faf.pdf
Court

High Court

The court exercised its case management discretion to strike out the proceeding because the parties sought a lengthy adjournment that would impose undue burden on court resources, the parties had long notice of the fixture and could have structured a settlement to deal with outstanding claims, and the plaintiff refused to proceed to trial or discontinue, making striking out the appropriate remedy; no order as to costs was made.

New Zealand Case Law

FOWLER HOMES SOUTHERN LAKES LTD v BOSE AND WOOD COSTS [2017] NZHC 2989

WHITFORD PROPERTIES LTD (IN LIQ) v BRUCE & ORS [2016] NZHC 1795

NDA ENGINEERING LTD V CEM INTERNATIONAL PTY LTD HC HAM CIV-2004-419-1604