17 Jun 2015
DOWSETT v EARTHQUAKE COMMISSION & ANOR [2015] NZHC 1373
- Citation
- [2015] NZHC 1373
- Court
- High Court
Leave to amend was granted only to the extent that the amendments reflected the EQC payments and discontinuance (except costs), the revised quantum, the amended prayer for the first cause of action, and one additional particular (sub-floor ponding) that amplified an existing pleaded head of damage; all other proposed amendments including a new cause of action based on implied terms and the Revised Fair Insurance Code and discrete new particulars of loss were refused because they were new, not previously disclosed and would prejudice the second defendant by necessitating substantial additional…