Insurance Settlement Agreement Not Set Aside

In Prattley Enterprises Ltd v Vero Insurance NZ Ltd [2015] NZHC 1444 the High Court (Dunningham J) considered a claim by Prattley to set aside the insurance claim settlement agreement it entered into in August 20111 with Vero Insurance for damage to its building known as “Worcester Towers”.  The building at 103-105 Worcester Street, Christchurch was damaged in the earthquakes on 4 September 2010, 26 December 2010 and 22 February 2011.  It was “red stickered” and demolished in September 2011.  In August 2011 Prattley entered into an agreement with Vero to settle the insurance claim(s) at $1,050,00 plus GST.  Later Risk Worldwide became involved and prosecuted the Prattley claim(s) seeking a […]

CERA- compulsory acquisition

In the judgment of Minister for Canterbury Earthquake Recovery v Ace Developments Ltd & anor [2015] NZHC 1027 the High Court (Osborne AJ) has ordered that the defendants vacate a property at 115-117 Moorhouse Avenue that was subject to notice of acquisition by CERA in July/August 2014.  The defendants were the owner and lessee of the property.  The defendants unsuccessfully opposed the vacation order on the basis that there was no offer/agreement about compensation.

EQC loses costs appeal

The Court of Appeal has today dismissed the appeal(s) by EQC against High Court decisions awarding homeowners costs and disbursements where EQC paid cap after being sued.  Here is the judgment.  This is an excellent result for homeowners and should encourage more people to sue EQC.  The High Court had awarded each homeowner 50% of the 2B costs and disbursements on the basis that an insurer was still a party.  The Court of Appeal refused to increase this to 100%.