27 Oct 2016
YARRALL v THE EARTHQUAKE COMMISSION [2016] NZCA 517
- Citation
- (2016) 23 PRNZ 765
- Court
- Court of Appeal
The Court of Appeal affirmed the High Court's exercise of discretion: the presumption in r 15.23 stands, the appellants failed to discharge the onus to rebut it given their lack of additional liability established against EQC, inadequate affidavit, non‑compliance with directions, settlement with insurer that did not alter EQC's position, and counsel's conduct; the High Court did not take irrelevant matters into account and was not plainly wrong, so the costs order was upheld.