New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Allocation of damage
  • 14 Oct 2014

    JARDEN v THE EARTHQUAKE COMMISSION [2014] NZHC 2406

    Citation
    [2014] NZHC 2406
    Court
    High Court

    The Court declined to order further particularisation of the damage by individual earthquake where the plaintiffs had pleaded 99% allocation to the 4 September 2010 earthquake and 1% to 22 February 2011, finding further split unnecessary; the Court refused to require particulars that seek the 'why' for repairs because those invite expert opinion; the Court ordered the plaintiffs to provide a detailed breakdown of the rebuild cost schedule (foundations, above-ground works, garage, percentages for professional fees, preliminaries, margin and contingency) to give useful and fair notice to defend…