Local Government Mutual Funds Trustee Limited v Napier City Council - SC 103/2022
Media releases
Summary
Civil Appeal
Result
A The application for leave to appeal is granted (Napier City Council v Local Government Mutual Funds Trustee Ltd [2022] NZCA 422).
B The approved question is whether the Court of Appeal was correct:
(a) in its interpretation of exclusion 13(a) of the Protection Wording; and
(b) in its consequent finding that the claim by the respondent in relation to its liability to owners of apartments in the Waterfront Apartments complex was excluded by exclusion 13(a) only to the extent that the respondent’s liability arose directly or indirectly out of, or in respect of, weathertightness defects.
21 December 2022
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A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel.
1 August 2023
B The approved question is whether the Court of Appeal was correct:
(a) in its interpretation of exclusion 13(a) of the Protection Wording; and
(b) in its consequent finding that the claim by the respondent in relation to its liability to owners of apartments in the Waterfront Apartments complex was excluded by exclusion 13(a) only to the extent that the respondent’s liability arose directly or indirectly out of, or in respect of, weathertightness defects.
21 December 2022
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A The appeal is dismissed.
B The appellant must pay the respondent costs of $25,000 plus usual disbursements. We allow for second counsel.
1 August 2023
Date of Hearing
27 April 2023
Judges
Winkelmann CJ, O'Regan, Ellen France, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing 27 April 2023 Appellant Submissions (PDF 7.9 MB)
- Hearing 27 April 2023 Appellant oral outline (PDF 318 KB)
- Hearing 27 April 2023 Respondent Submissions (PDF 681 KB)
- Hearing 27 April 2023 Respondent Oral Outline (PDF 779 KB)
- Hearing 27 April 2023 Joint Chronology (PDF 347 KB)