In three separate High Court judgments the High Court has ordered EQC to pay legal costs and disbursements to homeowners who had commenced court proceedings against EQC and insurers during which EQC changed its position and paid its cap liability. Hopefully all 3 proceedings are heard by the Court of Appeal in March 2015.
After losing in the Court of Appeal in Avonside Holdings Ltd v Southern Response Earthquake Services Ltd  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 the High Court […]
In QBE Insurance (International) Ltd v Wild South Holdings Ltd  NZCA 447 the Court of Appeal dealt with 3 appeals about the interpretation of reinstatement clauses in commercial insurance policies. QBE Insurance filed an application for leave to appeal to the Supreme Court, but later abandoned it. Vero Insurance did not seek leave to appeal. Lloyds Underwriters applied for leave to appeal to the Supreme Court, however, in the judgment released 16 December 2014 in Certain Underwriters at Lloyds & anor v Crystal Imports Ltd  NZSC 186 the Supreme Court refused leave to appeal. The underwriters wished to argue that the effect of the reinstatement clause is that cover […]