Ludgater Holdings Limited v Gerling Australia Insurance

[2009] NZSC 131

IN THE SUPREME COURT OF NEW ZEALAND

SC 92/2009
[2009] NZSC 131

BETWEENLUDGATER HOLDINGS LIMITED

Appellant

ANDGERLING AUSTRALIA INSURANCE COMPANY PTY LIMITED

Respondent

Court:Elias CJ, McGrath and Wilson JJ

Counsel:I G Hunt for Appellant

C A McLachlan QC and M S Cole for Respondent

Judgment:16 December 2009 

JUDGMENT OF THE COURT

A         The application for leave to appeal is granted. 

BThe approved ground of appeal is:

Does the High Court have jurisdiction under s 9 of the Law Reform Act 1936 to hear and determine the proceeding seeking an order in favour of Ludgater in respect of monies payable under the insurance policy issued by Gerling to Atco?

REASONS

[1]        The Court is satisfied that the application for leave to appeal should be granted.  The ground of appeal has been framed to encompass the issues raised by Ludgater and also Gerling’s alternative grounds for supporting the Court of Appeal’s judgment.

Solicitors:

Young Hunter, Christchurch for Appellant

Simpson Grierson, Auckland for Respondent