31 Mar 2022
NORTHASH LTD v ZEFF FARMS LTD [2022] NZHC 645
- Citation
- [2022] NZHC 645
- Court
- High Court
Leave to appeal was declined. The Court held that lost future milk production can be recoverable as part of reinstatement costs (being unavoidable loss of occupation/production during repair). However, because Zeff established an actual diminution in market value of the property ($490,000) which was less than the calculated reinstatement cost ($536,524.50), the appropriate measure of damages was the diminution in value. The arbitrator did not err in accepting valuation or reinstatement evidence and no properly arguable question of law was established.