7 Feb 2018
C & S KELLY PROPERTIES LTD v EARTHQUAKE COMMISSION [2018] NZHC 56
- Citation
- [2018] NZHC 56
- Court
- High Court
Although the plaintiff proved that floor dislevelment was caused by earthquakes and obtained a monetary award, the plaintiff failed on its primary pleaded claim to establish the need for a Type 2A replacement foundation and pursued untenable positions at the quantum hearing contrary to prior rulings; the defendants succeeded at quantum; Calderbank offers were not determinative; on balance the mixed success and conduct do not justify an award of costs to any party, therefore costs are to lie where they fall.