Hotchin v New Zealand Guardian Trust Company Ltd - [2016] 1 NZLR 906

Practice and procedure — Claims for contribution — Whether common liability of tortfeasors required for statutory contribution — Whether common liability required for equitable contribution — Observations on when damage “same damage” — Requirement of observations on apportionment — Effect of settlement with plaintiff on defendant’s claim for contribution — Law Reform Act 1936, s 17(1)(c).

Practice and procedure — Costs — Application for strike-out — Court allowing appeal against strike out — Court holding reservations about possibility of success of substantive action — Whether costs to follow event or lie where fell.