19 May 2016
DRIESSEN v THE EARTHQUAKE COMMISSION AND SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2016] NZHC 1048
- Citation
- [2016] NZHC 1048
- Court
- High Court
The plaintiff was justified in issuing proceedings because litigation produced settlements materially better than the defendants' initial positions; EQC's active participation effectively ended when it acknowledged over-cap liability in May 2015 so EQC's liability for costs is limited accordingly; Southern Response remained actively engaged and should meet the larger share of costs and disbursements subject to reductions for late provision of expert evidence and certain unreasonable disbursements. The court exercised discretion under the High Court Rules to award Scale 2B costs with specified…