Chow v Thomson HC Auckland CIV-2009-404-4765

[2011] NZHC 2081

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2009-404-4765

BETWEEN  LAP HANG CHOW AND LAP LEE CHOW

Plaintiffs

ANDRAYMOND JOHN THOMSON AND VANESSA LOUISE THOMSON

First Defendant

ANDFRANKLIN DISTRICT COUNCIL Second Defendant

ANDCARNACHAN ARCHITECTS LIMITED Third Defendant

Hearing:         5 December 2011

Appearances: S A Thodey for Applicant

Ms M Mitchell for Respondent/Intended Third Party

Judgment:      19 December 2011

JUDGMENT OF ASSOCIATE JUDGE DOOGUE

This judgment was delivered by me on

19.12.11 at  12 noon, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:

Heaney & Co Solicitors, P O Box 105391, Auckland by email:  [email protected] for second

defendant

Fortune Manning, P O Box 4138, Auckland - by email: [email protected] /

[email protected]

CHOW V THOMSON & ORS HC AK CIV-2009-404-4765 19 December 2011

ANDGOOD BROS CONSTRUCTION LIMITED

Fourth Defendant

ANDM.P.M WATERPROOFING LIMITED (DISCONTINUED)

Fifth Defendant

ANDGENERAL MANUKAU ENTERPRISES LIMITED

Sixth Defendant

ANDWHENUAPAI JOINERY (1988) LIMITED Seventh Defendant

ANDR & B PLASTERING Eighth Defendant

ANDCARPET HOLDINGS LIMITED First Third Party

ANDPETER ROBERT HEALEY Second Third Party

ANDIAG NEW ZEALAND LIMITED Third Third Party

[1]      The application by the second defendant for leave to commence proceedings under s 9 of the Law Reform Act 1936 against AIG New Zealand Limited dated 21

September 2011 is dismissed.   Reasons for judgment will follow.   Costs are to be

dealt with in the reasons for judgment.

J.P. Doogue

Associate Judge