Southern Response Earthquake Services Limited v Avonside Holdings Limited - SC 118/2014

Summary

Civil Appeal – Whether the Court of Appeal erred in its construction of the insurance contract – Whether the Court of Appeal erred in its determination that contingencies and professional fees could be taken into account in estimating the cost of rebuilding – Whether the Court of Appeal failed to take adequate account of the fact that the respondent had sold its red zone land to the Crown.[2014] NZCA 483   CA 520/2013

Result

The application for leave to appeal is granted (Avonside Holdings Ltd v Southern Response Earthquake Services Ltd [2014] NZCA 483).

The question on which leave is granted is whether the Court of Appeal was correct to find that the respondent was entitled under its insurance policy with the appellant to claim allowances for contingencies and for professional fees given that the respondent has elected to purchase a replacement property.

4 May 2015

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A  The appeal is dismissed.
B  The appellant is to pay costs of $15,000 to the respondent, plus all reasonable disbursements, to be fixed if necessary by the Registrar.

22 July 2015


Related Documents

Additional Information

Judgment appealed from

AVONSIDE HOLDINGS LIMITED V SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED CA520/2013 [2014] NZCA 483  1 October 2014

Substantive judgment / Media release

SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED v AVONSIDE HOLDINGS LIMITED [2015]  NZSC 110   22 July 2015

Transcript

Hearing date : 25 June 2015

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ.