Litigation
The Supreme Court has released a short and sharp decision which
acknowledges that Judges can make mistakes, but mistakes won't
always afford a further right of appeal.
In Myall v Tower Insurance Ltd [2018] NZSC 35 the Court was
required to exercise its gatekeeping powers in considering whether
to allow a second appeal, after the case had already been through
the High Court and Court of Appeal.
The case concerned Mr Myall whose Tower insurance policy
entitled him to rebuild his earthquake damaged house.
Unfortunately, Mr Myall was under-insured in that his certificate
of insurance listed a house area of 650m2 when its actual area was
799m2. Under his policy Mr Myall was entitled to the cost of
rebuilding his house to the same condition and extent as when new,
and up to the area as shown in the certificate of insurance.
