New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Notice provisions

Legal area

Court

11 Jun 2020

ARENA LIVING HOLDINGS LIMITED v LENDLEASE CAPITAL SERVICES PTY LIMITED [2020] NZHC 1308

Citation

[2020] NZHC 1308
Court

High Court

Although the applicant identified arguable errors and the issues raised were of general importance, leave to appeal was refused because the interests of justice and overall efficiency favored leaving the question of the sufficiency of the maintenance-notice to be decided at trial. The interlocutory decision dismissing the strike-out application stands until trial or successful appeal, and the maintenance allegations will remain unless overruled at trial.
10 Sept 2014

QBE INSURANCE (INTERNATIONAL) LIMITED v WILD SOUTH HOLDINGS LIMITED AND MAXIMS FASHIONS LIMITED CA776/2013 [2014] NZCA 447

Citation

[2014] NZCA 447
Court

Court of Appeal

Automatic reinstatement clauses operate to reinstate the cover required to meet a loss immediately upon the occurrence of the insured event that caused it, with the insured concurrently incurring liability to pay any additional premium for which the policy provides; either party may cancel reinstatement by notice but such notice operates prospectively only; the doctrine of marine merger does not displace the indemnity principle under the policies before the Court; measure of indemnity for successive unremedied losses is the insured's actual combined loss (subject to policy limits), and questi…