24 Jul 2014
WHITING v EARTHQUAKE COMMISSION [2014] NZHC 1736
- Citation
- [2014] NZHC 1736
- Court
- High Court
The Court found that EQC's April 22, 2014 acknowledgment that the claim was over cap vindicated the plaintiffs' decision to litigate, rebutting the normal r 15.23 presumption; accordingly it was neither just nor equitable for the discontinuing plaintiffs to pay EQC costs and the plaintiffs were awarded costs, with an apportionment reflecting the presence of two defendants (EQC ordered to pay 50% of plaintiffs' claimed reasonable costs subject to specified adjustments).