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.