IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2016-404-000767
[2018] NZHC 1929
BETWEEN REBECCA ROSENBERG
Plaintiff/Applicant
AND
AMP SERVICES (NZ) LIMITED
Defendant/Respondent
Hearing: 22 June 2018 Appearances:
No appearance by or for the Plaintiff/Applicant
J A Knight and S Kettani for the Defendant/Respondent
Judgment:
31 July 2018
JUDGMENT OF HINTON J
This judgment was delivered by me on 31 July 2018 at 2.00 pm pursuant to Rule 11.5 of the High Court Rules
…………………………………………………………………… Registrar/Deputy Registrar
Solicitors:
Chapman Tripp, Wellington
Party:
R Rosenberg
REBECCA ROSENBERG v AMP SERVICES (NZ) LIMITED [2018] NZHC 1929 [31 July 2018]
[1] This is an application to review a decision by Associate Judge Osborne on 13 November 2017, to strike out a claim filed by Ms Rosenberg against AMP on 15 April 2016.1 The key issues relate to whether Ms Rosenberg has standing and whether a limitation period applies.
Background
[2] The essence of Ms Rosenberg’s claim before the Associate Judge was that AMP wrongly failed to pay a $105,000 life insurance benefit following the death of her father, Allen Rosenberg, on 18 April 2006. The life insurance policy at issue is an AXA Risk Protection Plan – Life Insurance Component (the policy) which was owned by Mr Rosenberg. He was the life insured.
[3] The argument before Associate Judge Osborne proceeded on the basis that Mr Rosenberg had not left a will, and Ms Rosenberg would be a beneficiary on an intestacy.
[4] AMP’s substantive defence to the claim is that the policy ended before Mr Rosenberg’s death, as a result of non-payment.
[5] But putting that to one side, AMP applied to strike out on the grounds that, first, Ms Rosenberg did not have standing to bring the proceeding, and second, her claim was time-barred. To elaborate, AMP submitted:
(a)Ms Rosenberg did not have standing because she was not a party to or beneficiary of the policy, nor was she an executor or administrator of the estate of Mr Rosenberg (who was the owner and beneficiary of the policy); and/or
(b)The claim was time-barred by s 4(1)(a) of the Limitation Act 1950. The alleged cause of action, being a claim in contract under Mr Rosenberg’s life insurance policy, accrued when Mr Rosenberg died on or around
18 April 2006 (nearly 10 years before this proceeding was filed on 15 April 2016), meaning the proceeding was time-barred by May 2012.
[6] Associate Judge Osborne excused Ms Rosenberg’s appearance at the hearing before him, but she filed extensive written submissions, including after the hearing was completed.
[7] By judgment dated 13 November 2017, Associate Judge Osborne struck out the plaintiff’s proceeding on the ground that Ms Rosenberg did not have standing to bring it. As a result, he considered it was unnecessary to determine whether the claim was also time-barred, although he said it appeared likely that it was.
[8]On 10 December 2017, Ms…
Keep reading for free
Create a free CaseChat account to read Rosenberg v AMP Services (NZ) Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NZHC 1929
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.