22 Jul 2015
C & S KELLY PROPERTIES LIMITED v EARTHQUAKE COMMISSION AND SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2015] NZHC 1690
- Citation
- [2015] NZHC 1690
- Court
- High Court
The Court held the plaintiff could seek monetary relief despite not pleading a direct challenge to EQC's election because EQC's purported election to repair (communicated 17 September 2014) was made unreasonably late and therefore ineffective; on the facts the floor dislevelment was held to be earthquake damage, but the plaintiffs failed to prove, on the balance of probabilities, that a full replacement Type 2A foundation was required (their quantum basis failed); the appropriate remedy was to give the plaintiff an election between a quantified monetary award for known repairs plus additional…