Jaggar v Lyttelton Marina Holdings Ltd (In Receivership) - [2006] 2 NZLR 87

Insurance — Liability of insurer — Notice of avoidance for material non-disclosure — Whether cover under policy — Whether damage accidental or result of deliberate recklessness — Whether material non-disclosure including of financial state of insured — Whether necessary that non-disclosure induced insurer to enter into contract — Whether disclosure waived — Whether contract affirmed — Requirements of affirmation — Whether affirmation to be pleaded — Law Reform Act 1936, s 9.

Practice and procedure — Defences — Affirmation — Whether affirmative defence requiring to be pleaded.

Damages — Assessment — Pleasure craft — Whether percentage of capital value appropriate measure of damages for loss of use — Whether interest to be awarded on cost of repairs.