Avonside Holdings – update


After losing in the Court of Appeal in Avonside Holdings Ltd v Southern Response Earthquake Services Ltd [2014] NZCA 483, Southern Response filed an application for leave to appeal to the Supreme Court.  Both parties have now filed submissions with the Supreme Court and it will now decide the leave application.  Over 2 months after the Court of Appeal judgment and after service of a statutory demand Southern Response paid the increased judgment sum by paying a further $215,308.66.  Notwithstanding the comments from the Court of Appeal, Southern Response then refused to pay any costs for the High Court hearing.  By a judgment on 19 December 2014 in Avonside Holdings Ltd v Southern Response Earthquake Services Ltd [2014] NZHC 3357 the High Court has ordered Southern Response to pay a further $83,637.43 in costs and interest.  Hopefully it pays the award promptly.