Thornton Estate vs Cavell Leitch Pringle & Boyle

THORNTON ESTATES LIMITED v CAVELL LEITCH PRINGLE & BOYLE SC 44/2008 [6 October 2008]

IN THE SUPREME COURT OF NEW ZEALAND
SC 44/2008
[2008] NZSC 75

BETWEEN THORNTON ESTATES LIMITED
Applicant

AND CAVELL LEITCH PRINGLE & BOYLE
Respondent

Court: Elias CJ, McGrath and Wilson JJ

Counsel: L J Taylor and G D Jones for Applicant
C T Walker for Respondent

Judgment: 6 October 2008

JUDGMENT OF THE COURT

A. The application for leave to appeal against the judgment of the Court of Appeal in Cavell Leitch Pringle & Boyle v Thornton Estates Limited [2008] NZCA 191 is granted.

B. The approved grounds of appeal are:

(i) Was the respondent in breach of a duty of care to the applicant in failing to expressly provide for, or to advise on, the passing of risk and the rights and obligations of the parties in the event of damage between contract and settlement?

(ii) Was the respondent in breach of a fiduciary duty to the applicant in failing to advise the applicant to seek independent advice before committing itself to paying $1.1 million in settlement?

Solicitors:
Lane Neave, Christchurch for Applicant
Gilbert Walker, Auckland for Respondent

SC_44_2008_Thornton_Estates_Ltd_vCavell_Leitch_Pringle__Boyle.pdf

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