Body Corporate 346799 v LNZ International Co Limited

[2017] NZHC 961

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-6290 [2017] NZHC 961

BETWEEN

BODY CORPORATE 346799

First Plaintiff

HA THI HOANG & ORS Second Plaintiffs

AND

KNZ INTERNATIONAL CO LIMITED First Defendant

BROOKFIELD MULTIPLEX CONSTRUCTIONS (NZ) LIMITED (IN LIQUIDATION)

Second Defendant

… continued

Teleconference:

11 May 2017

Counsel:

G B Lewis for Plaintiffs
D J Chisholm QC and R D Butler for First Defendant
D T Broadmore for Second Defendant
S A Thodey and S B Mitchell for Fifth Defendant

Judgment:

22 March 2017

Supplementary

Judgment:

12 May 2017

JUDGMENT OF THOMAS J

This judgment was delivered by me on 12 May 2017 at 11.00 am pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

BODY CORPORATE 346799 v KNZ INTERNATIONAL CO LIMITED [2017] NZHC 961 [12 May 2017]

FAÇADE DESIGN SERVICES LIMITED Third Defendant

PBS CONTRACTING LIMITED (IN LIQUIDATION)

Fourth Defendant (Discontinued)

AUCKLAND CITY COUNCIL Fifth Defendant

BOSTIK NEW ZEALAND LIMITED Sixth Defendant (Discontinued)

STEPHEN MITCHELL ENGINEERS LIMITED

First Third Party (Discontinued)

STEPHEN MITCHELL
Second Third Party (Discontinued)

CITY DESIGN LIMITED
Third Third Party (Discontinued)

DAVID LEE
Fourth Third Party (Discontinued)

DAVID JAMES FORSTER
Fifth Third Party (Discontinued)

TRISTAN D’ARCY HARVEY-SMITH Sixth Third Party (Discontinued)

WILLIS NEW ZEALAND LIMITED Seventh Third Party (Discontinued)

RONALD CHARLES HANLEY Eighth Third Party

[1]      By my judgment of 22 March 2017:1

(a)      judgment was given for the plaintiffs in their claims against the first defendant, KNZ International Co Limited (KNZ) and the second defendant, Brookfield Multiplex Constructions (NZ) Limited (In Liquidation) (Multiplex); and

(b)      judgment was given for the fifth defendant, Auckland City Council

(the Council) on its cross-claims against KNZ and Multiplex.

[2]      The  judgment  issued  after  a  formal  proof  hearing.    A second  judgment

dealing with costs on the Council’s cross-claims was issued on 24 March 2017.2

[3]      KNZ had filed a cross-claim against Multiplex on 8 May 2013.  It has taken no steps in the proceedings since June 2016.  The judgments of 22 March and

24 March 2017 do not dispose of KNZ’s cross-claim.

[4]      KNZ  seeks  to  have  its  first  cause  of  action  in  its  cross-claim  against Multiplex seeking contribution or indemnity disposed of.  This cause of action can still be advanced separately by KNZ.

Thomas J

Solicitors:

Grimshaw and Co, Auckland for Plaintiffs

Morrison Mallett, Auckland for First Defendant

Buddle Findlay, Auckland for Second Defendant

Heaney and Partners, Auckland for Fifth Defendant

1      Body Corporate 346799 v KNZ International Co Limited [2017] NZHC 511.

2      Body Corporate 346799 v KNZ International Co Limited [2017] NZHC 543.