Vining Realty Group Ltd v Altimarloch Joint Venture Limited

[2010] NZSC 81

IN THE SUPREME COURT OF NEW ZEALAND

SC 40/2010

[2010] NZSC 81

BETWEENVINING REALTY GROUP LIMITED

Appellant

ANDALTIMARLOCH JOINT VENTURE LIMITED

First Respondent

ANDGASCOIGNE WICKS

Second Respondent

ANDD S & J W MOORHOUSE

Third Respondents

ANDMARLBOROUGH DISTRICT COUNCIL

Fourth Respondent

SC 41/2010

AND BETWEEN  GASCOIGNE WICKS

Appellant

ANDALTIMARLOCH JOINT VENTURE LIMITED

First Respondent

ANDD S & J W MOORHOUSE

Second Respondents

ANDMARLBOROUGH DISTRICT COUNCIL

Third Respondent

ANDVINING REALTY GROUP LIMITED

Fourth Respondent

Court:Blanchard, Tipping and McGrath JJ

Counsel:M R Ring QC and A B Darroch for Vining Realty Group Ltd

F B Barton for Gascoigne Wicks
M E Casey QC and R M Dunningham for Altimarloch Joint Venture Ltd
D J Goddard QC for Marlborough District Council

Judgment:14 July 2010 

JUDGMENT OF THE COURT

A            The applications for leave to appeal are granted.

BThe approved ground is whether the award of damages against DS & JW Moorhouse (in respect of which they are entitled to be fully indemnified by Vining Realty and Gascoigne Wicks) was appropriately quantified on an expectation basis.

REASONS

[1]        Gascoigne Wicks also sought leave to challenge the conclusion of the Courts below that there was a sufficient causal connection between that firm’s negligent conduct (as agent of the Moorhouses) and the decision of the Altimarloch Joint Venture Ltd to enter into or proceed with the contract of sale and purchase.  This proposed ground raises entirely factual issues which give rise to no questions of general or public importance.  Nor is it shown that the decision of the Court of Appeal in this respect has given rise to a miscarriage of justice.  Leave for this ground to be argued is therefore refused.

Solicitors:

Duncan Cotterill, Nelson for Vining Realty Group

Anderson Lloyd, Dunedin for Gascoigne Wicks

Buddle Findlay, Christchurch for Altimarloch Joint Venture Limited

Heaney & Co, Auckland for Marlborough District Council