Southern Response Earthquake Services Ltd v Avonside Holdings Ltd

Case

[2015] NZSC 49

4 May 2015

No judgment structure available for this case.

IN THE SUPREME COURT OF NEW ZEALAND
SC 118/2014
[2015] NZSC 49
BETWEEN

SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED
Applicant

AND

AVONSIDE HOLDINGS LIMITED
Respondent

Court:

Elias CJ, Glazebrook and Arnold JJ

Counsel:

B D Gray QC and C R Johnstone for Applicant
N R Campbell QC and G D R Shand for Respondent

Judgment:

4 May 2015

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Avonside Holdings Ltd v Southern Response Earthquake Services Ltd [2014] NZCA 483).

BThe question on which leave is granted is whether the Court of Appeal was correct to find that the respondent was entitled under its insurance policy with the appellant to claim allowances for contingencies and for professional fees given that the respondent has elected to purchase a replacement property.

____________________________________________________________________

Solicitors:
Wynn Williams, Christchurch for Applicant
Grant Shand, Christchurch for Respondent

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