4 Sept 2017
HE v THE EARTHQUAKE COMMISSION [2017] NZHC 2136
- Citation
- [2017] NZHC 2136
- Court
- High Court
The plaintiff failed to prove, on the balance of probabilities, that the earthquakes caused material additional damage to the dwelling, garages or hardstand beyond pre-existing dilapidation and settlement, except for minor plaster loss at one perimeter foundation crack; EQC discharged its statutory obligations for the September 2010 damage (including by the Chimney Replacement Programme sign-off which waived entitlement to rebuild one chimney) and the insurers' liability is limited to the garage interior repairs already accepted and paid; costs follow the event.