New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Remedy and quantum

Legal area

Court

23 May 2018

MOON v PUBLIC TRUST & ANOR [2018] NZHC 1169

Citation

[2018] NZHC 1169
Court

High Court

The Court found on the balance of objective evidence (27-year duration, sexual relationship, mutual care, corroborating witness evidence and conduct) that the plaintiff and deceased were in a de facto relationship; the will's provisions fell short of adequate provision for the plaintiff's proper maintenance and support (including recognition); the minimum necessary remedy was an award of NZD 300000 from the estate; costs to be paid from the estate and issues over personal chattels were to be resolved by agreement or further submissions.
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…