By Grant MacDonald and Monique Van
In Trustees Executors Limited v QBE Insurance (International)
Limited (HC Auckland, CIV 2009-404-1165), the High Court was asked
to interpret the Securities Exclusion in QBE's policy. This
decision is a good example of the High Court applying the plain and
ordinary meaning of words and not artificially reading down an
By Crossley Gates and Peter
The Government introduced the Insurance (Prudential Supervision)
Bill (Bill) into Parliament in late October 2009. The Bill
contained numerous changes arising out of the Reserve Bank
consultation process. In this article we look at the key changes,
many of which have seen an improvement to the proposed
By Monique Van Bellen and Crossley
In a leading New Zealand authority, the High Court in Technology
Holdings Limited v IAG New Zealand (HC Auckland, CIV-2005-404-3450)
defined 'damage' in response to the question of whether
there had been 'loss or damage' to the property of
Technology Holdings Limited.
By Neil Beadle
The strict liability/package limitation regime for domestic
carriage in New Zealand limits liability to NZ$1,500 per 'unit
of goods'. In Ports of Auckland Limited v Southpac Trucks Ltd
 NZSC 112 the Supreme Court has considered the application of
the regime under the Carriage of Goods Act 1979 and overturned an
earlier decision by the Court of Appeal. As a result,
Southpac's recovery of some NZ$60,000 was reversed, to be
replaced by the NZ$1,500 package limit.
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Contractors and principals should ensure they have appropriate insurance coverage instead of relying on indemnity clauses.
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