3 Mar 2008
BODY CORPORATE 169791 AND ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-5225
- Citation
- openlaw-b520e027_6bb3_4471_9ab9_b508f51e402c.pdf
- Court
- High Court
The Court dismissed Vero's applications to strike out the third party claim and for summary judgment because material factual disputes exist (notably the reason for the endorsement and causation of loss), s11 Insurance Law Reform Act 1977 may apply if the insured proves loss was not caused or contributed to by excluded events, and the fourth defendants' third party notice is valid because Onyx's negligence could be a concurrent cause connected to plaintiffs' claims.