Body Corporate 207624 v Grimshaw & Co
[2023] NZHC 1155
•15 May 2023
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV 2018-404-002107
[2023] NZHC 1155
BETWEEN BODY CORPORATE 207624
Plaintiff
AND
GRIMSHAW & CO
Defendant
Hearing: On the papers Counsel:
D R Bigio QC, A G Holden and A J McCombie for the Plaintiff L Taylor QC, P J L Hunt, R J Scott and J T Neville-Smith for the Defendant
Judgment:
15 May 2023
JUDGMENT OF TAHANA J
(Quantum of damages)
This judgment was delivered by me on 15 May 2023 at 3.00pm Pursuant to Rule 11.5 of the High Court Rules
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
D R Bigio QC, Auckland Wilson Harle, Auckland McElroys, Auckland
BODY CORPORATE 207624 v GRIMSHAW & CO (Quantum of damages) [2023] NZHC 1155 [15 May 2023]
Introduction
[1] In my judgment1 I directed that damages be calculated in accordance with the methodologies prescribed in the judgment and a joint memorandum be filed. I indicated that I would then make orders on the papers as to the quantum of damages.
[2] I thank counsel for the joint memorandum dated 12 May 2023 and now make orders as to the quantum of damages.
Quantum of damages awarded
[3] The defendant is liable to the plaintiff for total damages of $3,268,201.14, comprising:
(a)costs of $306,985.58 related to the interpleader;
(b)increased costs of cladding system of $380,903.00;
(c)costs escalation of $2,803,110.90;
(d)pre-construction increased consultant fees of $31,316.88;
(e)post-construction increased façade engineering fees of $7,053.74;
(f)post construction increased other consultants’ fees of $92,271.02;
(g)increased consent fees of $27,486.00;
(h)increased insurance costs of $94,683.02;
(i) less interest earned that would not have been earned of $475,609.00.
1 Body Corporate 207624 v Grimshaw & Co [2023] NZHC 979 at [592].
[4] I note the orders at [591](d) of my judgment, in relation to calculation of interest, stand.
Tahana J
3