Body Corporate 207624 v Grimshaw & Co

[2023] NZHC 1155

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