Dominion Finance Group Limited v Fright Aubrey Limited (in liquidation)
[2015] NZHC 1410
•22 June 2015
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2015-409-000204 [2015] NZHC 1410
BETWEEN DOMINION FINANCE GROUP
LIMITED
First ApplicantQBE INSURANCE (INTERNATIONAL) LIMITED
Second Applicant
AND
FRIGHT AUBREY LIMITED (IN LIQUIDATION)
First Respondent
AUSTIN JOHN FORBES Second Respondent
ALISTER SPEDDING JOHNSTON Third Respondent
GORDON LEWIS HANSEN Fourth Respondent
DAVID IAN HENDERSON Fifth Respondent
ADOLF DE ROOS Sixth Respondent
DANIEL JAMES GODDEN Seventh Respondent
PRICE WATERHOUSE COOPERS Eighth Respondent
RICHARD WILLIAMS GIBBONS Ninth Respondent
Hearing: 22 June 2015 Appearances:
B M Russell and K M Kendrick for First Applicant
E J Whiteside for Second Applicant and First RespondentJudgment:
22 June 2015
DOMINION FINANCE GROUP LTD v FRIGHT AUBREY LTD (IN LIQUIDATION) [2015] NZHC 1410 [22
June 2015]
JUDGMENT OF GENDALL J
[1] Before the Court is an originating application for orders pursuant to s 9 Law Reform Act 1936. Mr Russell and Ms Kendrick appear as counsel for the first applicant. Ms Whiteside appears as counsel for the second applicant and the first respondent.
[2] Having heard submissions with respect to the matters before the Court I am satisfied the application should be granted.
[3] Orders are now made as follows:
(a) Permission is granted for the commencement of this proceeding by way of originating application.
(b)A declaration is now made that there are no prior or equally ranking charges pursuant to s 9(3) Law Reform Act 1936 on all insurance money payable by QBE Insurance (International) Limited under its
2008/2009 professional indemnity insurance policy with the first respondent, Fright Aubrey Limited (In Liquidation), in respect of any liabilities for which the professional indemnity insurance policy referred to above indemnified Fright Aubrey Limited (In Liquidation) to or with the liabilities arising from two claims against Fright Aubrey Limited (In Liquidation) by Dominion Finance Group Limited (In Receivership and In Liquidation).
[4] My reasons for this decision will follow.
...................................................
Gendall J
Solicitors:
Lane Neave, Christchurch
Chapman Tripp, Christchurch
0
0
0