New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Over-cap claims

Legal area

Court

6 Nov 2014

VAN LIMBURG v THE EARTHQUAKE COMMISSION & ANOR [2014] NZHC 2764

Citation

[2014] NZHC 2764
Court

High Court

Given the initial inadequate assessment and an arguable claim by plaintiff but also an arguable defence and that EQC was one of two defendants, the court exercised its discretion to award the plaintiff 50% of costs (category 2, band B) plus reasonable disbursements up to 26 August 2013; costs otherwise lie where they fall.
6 Nov 2014

RYDE & ANOR v THE EARTHQUAKE COMMISSION & ANOR [2014] NZHC 2763

Citation

[2014] NZHC 2763
Court

High Court

The presumption in r15.23 was displaced because it was reasonable for the plaintiffs to bring proceedings given EQC's flawed and delayed assessment; issuing proceedings materially contributed to EQC's reassessment and August 2013 payments; a partial costs award was appropriate. The Court awarded plaintiffs 50% of costs on a category 2 band B basis plus reasonable disbursements up to 6 August 2013, with costs thereafter to lie where they fall, and awarded costs of the application to the plaintiffs.