30 Apr 2014
KRAAL v THE EARTHQUAKE COMMISSION [2014] NZHC 866
- Citation
- [2014] NZHC 866
- Court
- High Court
The court dismissed the plaintiffs' application and held that loss of possession and use resulting from the s124 dangerous building notice and the ongoing risk of rockfall did not constitute 'natural disaster damage' under s18 of the Earthquake Commission Act 1993 such as to entitle the plaintiffs to EQC replacement-value payments or to top-up recovery from the insurer in the circumstances of this case.