30 Sept 2016
RAMAGE v EARTHQUAKE COMMISSION & ANOR [2016] NZHC 2327
- Citation
- [2016] NZHC 2327
- Court
- High Court
Court found Southern Response had internally assessed the claim as over the EQC cap but externally adopted EQC's under‑cap position and failed to inform the plaintiffs or take steps to correct EQC; that conduct was sufficiently unreasonable to justify displacing the usual rule that costs lie where they fall. Applying a mitigation for negotiated settlement, Court awarded 25% of reasonable scale costs and disbursements against Southern Response and awarded costs of the costs application to plaintiffs.