Local Government Mutual Funds Trustee Limited v Napier City Council

[2022] NZSC 152

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 103/2022
 [2022] NZSC 152

BETWEEN	LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED Applicant
AND	NAPIER CITY COUNCIL Respondent

Court:	O’Regan, Ellen France and Williams JJ
Counsel:	M G Ring KC and C J Hlavac for Applicant D H McLellan KC and G N M Tompkins for Respondent
Judgment:	21 December 2022

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Napier City Council v Local Government Mutual Funds Trustee Ltd [2022] NZCA 422).

BThe approved question is whether the Court of Appeal was correct:

(a)in its interpretation of exclusion 13(a) of the Protection Wording; and

(b)in its consequent finding that the claim by the respondent in relation to its liability to owners of apartments in the Waterfront Apartments complex was excluded by exclusion 13(a) only to the extent that the respondent’s liability arose directly or indirectly out of, or in respect of, weathertightness defects.

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Solicitors:
Young Hunter Lawyers, Christchurch for Applicant
Wilson Harle, Auckland for Respondent