15 Mar 2016
MARK STEPHEN HOTCHIN v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2016] NZSC 24
- Citation
- [2016] 1 NZLR 906
- Court
- Supreme Court
Majority held that contribution under s 17(1)(c) depends on liability in respect of the same damage and that this requires identifying the overlap of legal liability (shared liability in respect of the same harm) rather than importing an additional narrow requirement that parties have identical or 'coordinate' duties; on the pleadings there was arguable overlap so the appellant's third‑party contribution claim could not be struck out and may proceed to trial (equitable contribution governed by the same same‑damage principle); final apportionment and just and equitable considerations remain fo…