7 Mar 2019
KITCHEN v AA INSURANCE LIMITED [2019] NZHC 348
- Citation
- [2019] NZHC 348
- Court
- High Court
The plaintiffs' application for a separate question under r 10.15 is dismissed because the questions cannot be cleanly demarcated from factual issues that remain for trial, the answers will not finally dispose of the proceeding, factual and expert evidence will be required (risking duplication and recall), there is unlikely to be net time savings and there is a real prospect of appeals and delay; accordingly all matters will proceed to the substantive trial scheduled by the Court.
- Policy interpretation
- Building code compliance
- S 67 building act 2004 waiver
- High court rules r 10.15 separate questions
- Building code clause b2 durability
- Building consent requirements