Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council - SC 37/2017

A Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.
30 May 2017
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A The appeal is allowed in part.
B The finding made in the High Court upholding the appellant’s claim against the respondent is restored.  The finding of the Court of Appeal that the appellant was contributorily negligent and that an award of damages should be reduced by 50 per cent is upheld.  Judgment is entered accordingly.  Leave is reserved to the parties to apply if any issues arise about the calculation of the judgment sum (including interest).
C The respondent must pay the appellant costs of $15,000 and reasonable disbursements to be determined by the Registrar if necessary.  We allow for second counsel.
D The costs awards made in the Court of Appeal and in the High Court are set aside. If costs in those Courts cannot be agreed they should be set by the Court of Appeal and the High Court respectively in light of this judgment. 
14 December 2017