Abstract

Article

Direct Action Statute - Circumstances which may give rise to a Claim

Under the New Zealand direct action legislation, for themeaning of the phrase, circumstances which may give rise to a claim, the test is an objective one referring to reasonable possibility rather than probability in the view of a reasonable person. Attorney-General v Aon New Zealand Ltd HC Wellington CIV-2005-484-1814, 10 April 2008; Minister of Education v McKee Fehl Constructors Limited [2018] NZHC 1177.

Departure from Ordinary Meaning

The ordinary or literal meaning of words in a contract will usually be given to them unless the text and context indicate a principled reason for an alternative, for example, if they have another specialised meaning which the text and surrounding circumstances indicate to have been intended: Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24; 149 CLR 337 at 350-352; Holt & Co v Collyer (1881) 16 Ch D 718 at 720; Vero Insurance Ltd v Australian Prestressing Services Pty Ltd [2013] NSWCA 181, Thus, cover for the conduct of the Healthcare Services may be objectively understood by a reasonable observer to include an omission to do so. AAI Limited t/as Vero Insurance v GEO Group Australia Pty Limited [2017] NSWCA 110

In Connection With

In New Zealand, it has been found, correctly, with respect, that while the expression, in connection with, usually does not require a causal element, whether it does so may depend on context and purpose.  AMI Insurance Limited v Legg [2017] NZCA 321.

Same Expression in Different Parts of Document

The construction of the same expression need not be symmetrical when it appears in different places in a document. AMI Insurance Limited v Legg [2017] NZCA 321.