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