20 Dec 2022
IAG NEW ZEALAND LTD v DEWES [2022] NZHC 3555
- Citation
- [2022] NZHC 3555
- Court
- High Court
The High Court allowed the appeal in part: it quashed the Tribunal's findings that IAG acted in bad faith because deficiencies in expert evidence and investigative shortcomings cannot alone sustain a bad faith finding absent specific evidence of dishonest or complicit conduct by the party, but upheld the Tribunal's findings that multiple IAG arguments lacked substantial merit because they had no reasonable prospect when assessed objectively at the time they were advanced; accordingly the costs award of $13,160 was maintained subject to potential adjustment on parties' memoranda.