Lyttelton Port Company Limited v Aon New Zealand

[2019] NZHC 715

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2015-409-000428

[2019] NZHC 715

BETWEEN

LYTTELTON PORT COMPANY LIMITED

Plaintiff

AND

AON NEW ZEALAND

Defendant

AND

OPUS INTERNATIONAL CONSULTANTS LIMITED

First Third Party

AND

COLLIERS INTERNATIONAL VALUATION (CHCH) LIMITED

Second Third Party

Hearing:

3 April 2019 via telephone hearing

Appearances:

Z G Kennedy and J M Embling for the Defendant

M E Parker and E L Keeble, A J Gaborieau of the First Third Party

Judgment:

5 April 2019

INTERIM JUDGMENT OF NATION J

[1]                  Aon has applied for leave to file a second amended statement of claim against Opus as a third party. The application was opposed.

[2]There was a hearing as to the application on 3 April 2019.

[3]                  I have determined that leave will be granted as sought. With leave granted, I make further timetabling directions as follows:

LYTTELTON PORT CO LTD v AON NEW ZEALAND [2019] NZHC 715 [5 April 2019]

(a)        Aon is to file and serve the amended claim by 5.00 pm on 9 April 2019;

(b)        Opus is to file and serve its defence to the amended statement of claim by

5.00 pm on 26 April 2019;

(c)        Opus is to serve any briefs of evidence confined to Aon’s cause of action in respect of the reclaimed land (if required) by 5.00 pm on 3 May 2019; and

(d)        Aon is to serve any briefs of evidence in reply to Opus’ briefs (if required) by 5.00 pm on 10 May 2019.

[4]                  Leave is reserved for either party to seek an amendment to that timetable if they consider this necessary.

[5]A full reasons judgment will follow shortly.

Solicitors:

Chapman Tripp, Christchurch MinterEllisonRuddWatts, Auckland Parker Cowan Lawyers, Queenstown Wynn Williams, Christchurch.