Lyttelton Port Company Limited v Aon New Zealand

[2018] NZHC 2626

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2015-409-000428 [2018] NZHC 2626

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:	7 September 2018
Appearances:	N R Campbell QC and S D Williams for Plaintiff J G Miles QC, and N R Frith for Defendant
Judgment:	9 October 2018

JUDGMENT OF NICHOLAS DAVIDSON J (APPLICATION FOR LEAVE TO APPEAL TO COURT OF APPEAL.

REASONS TO FOLLOW)

[1]        This judgment is delivered shortly in advance of the Reasons for Judgment, because of the current progress towards trial set down for 20 May 2019.

LYTTELTON PORT COMPANY LTD v AON NEW ZEALAND & ORS [2018] NZHC 2626 [9 October 2018]

[2]        The Defendant, Aon New Zealand (“Aon”) has sought leave to appeal against the judgment of this Court dated 26 July 2018,1 given on review of the judgment of Associate Judge Christiansen dated 14 September 2017.2 So far, Aon has not succeeded in its application to join Anthony Craig Paterson as a third party.

[3]        By this judgment, Aon New Zealand is given leave to appeal to the Court of Appeal against the judgment of this Court dated 26 July 2018.

[4]Costs are reserved.

…………………………………….

Nicholas Davidson J

Solicitors:

MinterEllisonRuddWatts, Auckland (for Aon New Zealand) Chapman Tripp, Christchurch (for Lyttelton Port Company Limited)

Copy to counsel:

N R Campbell QC, Barrister, Auckland (Counsel for Lyttelton Port Company Limited) S D Williams, Barrister, Auckland (Counsel for Lyttelton Port Company Limited)

J G Miles QC, Barrister, Auckland (Counsel for Aon New Zealand) L G Taylor QC, Barrister, Auckland (Counsel for Aon New Zealand)

1      Lyttelton Port Company Ltd v Aon New Zealand [2018] NZHC 1867.

2      Lyttelton Port company Ltd v Aon New Zealand [2017] NZHC 2215.