Lyttelton Port Company Limited v Aon New Zealand

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.

CaseChat Overview and Summary

The case of Lyttelton Port Company Limited v Aon New Zealand concerns a dispute where Aon New Zealand sought leave to appeal against a judgment delivered by the High Court of New Zealand. The case was presided over by Justice Nicholas Davidson and involved the Lyttelton Port Company Limited as the plaintiff and Aon New Zealand as the defendant, with additional third parties also involved. The primary issue in this case was whether Aon New Zealand was granted leave to appeal to the Court of Appeal against the judgment issued by the High Court on 26 July 2018. This judgment itself was a review of an earlier judgment by Associate Judge Christiansen dated 14 September 2017.

The legal issues at the heart of this case revolved around the procedural aspects of allowing an appeal, specifically focusing on the merits and necessity of the appeal. The court needed to determine if the appeal had a reasonable prospect of success, and if the appeal was in the interests of the administration of justice. The court also needed to consider whether the appeal would address substantial questions of law that had not been fully resolved in the original judgment. The decision to grant leave to appeal would depend on whether the appeal could potentially lead to a different outcome that might affect the rights of the parties or the proper administration of justice.

Justice Nicholas Davidson, in granting the leave to appeal, concluded that the appeal had a reasonable prospect of success. The court found that the appeal addressed significant questions of law that warranted further examination by the Court of Appeal. The decision to grant leave was made in the interests of ensuring that the appeal could rectify any perceived errors or misapprehensions in the original judgment. Consequently, Aon New Zealand was permitted to proceed with its appeal to the Court of Appeal. The court reserved the decision on costs, indicating that further consideration would be given at a later stage.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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