20 Aug 2019
HE v EARTHQUAKE COMMISSION [2019] NZCA 373
- Citation
- [2019] NZCA 373
- Court
- Court of Appeal
On the evidence as a whole the appellant failed to prove on the balance of probabilities that the February 2011 earthquake materially contributed to the house's floor dislevelment; the trial judge's credibility and factual findings were entitled to deference; absent clear observable structural signs and given equivocal expert modelling, the pre‑existing static settlement was the more probable cause; EQC's cash payment for the chimney rebuild discharged its obligation and no further payment for an engineering inspection or full rebuild was warranted on the evidence.