Summary Judgment application fails against insurers


In Emmons Developments NZ Ltd v Mitsui Sumitomo Insurance Co Ltd & anor [2016] 1244 the High Court (Matthews AJ) discussed a summary judgment application by the owner of Rydges, a carpark and the Grant Thornton Building in Christchurch  for costs of demolition, building protection and fees from Mitsui and Vero subsequent to the earthquakes in 2010/2011.  It noted that Emson applied for summary judgment in early 2016, but then withdrew the application after the insurers filed/served opposition documents.  The Court decided that Emson should never have applied for summary judgment and awarded costs and disbursements against it of about $20K