IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2015-409-000222 [2017] NZHC 482
BETWEEN GREGORY PETER YOUNG AND MALLEY
& CO TRUSTEES LIMITED Plaintiffs
AND
TOWER INSURANCE LIMITED Defendant
Hearing: (Dealt with on the papers) Counsel:
P F Whiteside QC and H T Shaw for Plaintiffs
M C Harris and ATB Joseph for Defendant
Judgment:
16 March 2017
JUDGMENT OF GENDALL J [As to Costs]
Introduction
[1] In a judgment I issued in this proceeding on 7 December 2016 (the substantive judgment) I found that the plaintiffs’ claim, under its home insurance policy with the defendant, in the main succeeded. The policy claim related to significant damage caused to the plaintiffs’ home as a result of the Canterbury earthquake sequence. My decision included a declaration that the house was beyond repair in terms of the policy. Therefore, given that it was regarded as a rebuild, the maximum payable by the defendant in terms of the policy was to be $1,620,887.
[2] The case before me involved one cause of action whereby the plaintiffs claimed that the defendant had breached the insurance policy contract. Although the plaintiffs did effectively succeed on claim, the ultimate outcome, as I have noted, was that the rebuild cost under the contract was to be $1.62m dollars, some $500,000 less than the amount the plaintiffs ultimately claimed. In addition to the declaration noted at para [1] above, in my substantive judgment the plaintiffs were also successful to a limited degree in their ground- breaking claim for general damages against the defendant. A “nominal” award of general
damages of $5000 was made.
YOUNG v TOWER INSURANCE LIMITED [2017] NZHC 482 [16 March 2017]
[3] In giving my substantive judgment I reserved questions of costs, disbursements and experts’ fees. On these issues, at para [191] of the substantive judgment I made a direction that:
…in the absence of the parties being able to agree these issues between them, they are to file submissions on the question on a sequential basis. These are to be referred to me and, in the absence of either party indicating they wish to be heard on the issue, I will decide those questions on the basis of the submissions filed and the material before the Court.
[4] Counsel have confirmed that the parties have been unable to agree these issues between themselves. Accordingly, counsel for the plaintiffs has filed an initial memorandum seeking costs dated 13 February 2017. Counsel for the defendant in turn has filed his memorandum on costs in response dated 2 March 2017. Counsel for the plaintiffs has then filed a memorandum in reply dated 3 March 2017.
[5] I have had an opportunity to consider all those memoranda filed, together with the other material before the Court. I now give my decision on costs, disbursements and experts’ fees relating to this proceeding.
Plaintiffs’ position
[6] From the memoranda filed by Mr Whiteside QC, counsel for the plaintiffs, it is apparent the plaintiffs as the largely successful parties in this…
Continue reading Young v Tower Insurance Ltd
Sign in free to access the full text
- AGLC
- Young v Tower Insurance Ltd [2017] NZHC 482
- Case
- [2017] NZHC 482
- 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.