AMP v Macalister Todd

[2006] NZSC 51

IN THE SUPREME COURT OF NEW ZEALAND

SC 13/2006
[2006] NZSC 51

BETWEENAMP GENERAL INSURANCE LIMITED

Appellant

ANDMACALISTER TODD PHILLIPS BODKINS

First Respondent

ANDGRAEME MAURICE TODD

Second Respondent

Hearing:3 July 2006

Court:Tipping, McGrath and Anderson JJ

Counsel:M A Gilbert and N Till for Appellant

E D Wylie QC for Respondents

Judgment:4 July 2006 

JUDGMENT OF THE COURT

[1]   The application for leave to appeal is granted.

[2]   The approved grounds of appeal pursuant to Rule 29 are:

[a]Whether the loss was covered by the policy;

[b]Whether, if otherwise covered, the loss was excluded by Exclusion 8.

[c]Whether the Court of Appeal correctly dealt with the causation issue.

Solicitors:

Kensington Swan, Auckland for Appellant

Richard Burtt and Associates, Christchurch for Respondents