New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Insurance arrangements

Legal area

Court

11 Sept 2020

WHITE and the PERSONS LISTED IN SCHEDULE 1 v JAMES HARDIE NEW ZEALAND LIMITED [2020] NZHC 2374

Citation

[2020] NZHC 2374
Court

High Court

The documents were not privileged because they were commercial insurance or internal business papers rather than communications conveying legal advice or prepared in contemplation of litigation; moreover, the content was irrelevant to establishing any of the Court of Appeal's categories of parent company liability, so production was not required because the documents were irrelevant.
23 Aug 2006

ALAN JOHN SHIRLEY V WAIRARAPA DISTRICT HEALTH BOARD SC 10/2006

Citation

SC 10/2006
Court

Supreme Court

The High Court erred in principle by treating the Board as the substantial cause of the appellant's post‑discontinuance costs and by ignoring the contractual insurance arrangement under which the Board had already assumed the risk of the appellant's costs; costs were substantially caused by the plaintiffs and the Board was not liable to contribute, so the Court of Appeal and this Court dismiss the appeal and refuse the award against the Board.