BFSL 32007 Limited and others v Peter David Steigrad - SC 19/2013
Summary
Civil Appeal – Law Reform Act 1936, s 9 – Charge on insurance monies in favour of third parties paid to indemnify an insured in respect of insured’s liability to third party – Priority between a s 9 charge in favour of third party claimants and an uncharged claim to defence costs by directors of a company – Whether Court of Appeal erred in holding that a s 9 charge only attaches to the balance of the insurance money available to meet third party claims after any defence cost liability has been met – Whether question of priorities under s 9 is subject to contract of insurance.[2012] NZCA 604 CA 674/2011
Result
Leave to appeal is granted.
The approved ground is:
Did the Court of Appeal interpret s 9 of the Law Reform Act 1936 correctly?
The approved ground is:
Did the Court of Appeal interpret s 9 of the Law Reform Act 1936 correctly?
15 April 2013
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The appeal is allowed.
The respondent is to pay costs of $25,000 to the appellants in SC 19/2013 plus usual disbursements (to be set by the Registrar, if necessary). We certify for two counsel.
23 December 2013
Additional Information
Hearing date : 17 October 2013
Elias CJ, McGrath, Glazebrook, Gault, Anderson JJ.