New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Test case

Legal area

Court

14 Nov 2018

THE MINISTER OF EDUCATION v OPUS INTERNATIONAL CONSULTANTS LTD [2018]NZHC 2949

Citation

[2018]NZHC 2949
Court

High Court

There was insufficient commonality between the test case and this proceeding to justify a stay under r 10.12; any potential savings were speculative, the issues (including guarantees and differing construction systems) are materially distinct, and the likely lengthy duration of the test case militated against requiring the plaintiffs to wait; therefore the application for a stay was dismissed.
16 Mar 2015

MICHALIK v EARTHQUAKE COMMISSION (COSTS) [2015] NZHC 490

Citation

[2015] NZHC 490
Court

High Court

The Court held EQC adopted the correct depreciated replacement cost methodology to determine indemnity value under s19(b) and awarded EQC 75% of its scale costs plus full disbursements; EQC's Calderbank offer did not alter the costs outcome and the case did not justify departure from the usual costs rule as a test or public interest case.