EQC has a win on costs

The Court of Appeal in Yarrall & anor v EQC [2016] NZCA 517 dismissed an appeal against a costs judgment where the High Court had ordered the homeowner to pay EQC costs of $23,482 plus disbursements of $121.40.  The homeowners sued EQC challenging the apportionment of damage between the quakes.  Before the homeowners commenced the proceedings in August 2013 the insurer had accepted the EQC apportionment and had agreed to replace the house.  The dispute proceeded through the High Court earthquake list process until in May 2014 the homeowners accepted that the proceeding would serve no practical purpose.  On 23 May 2014 the homeowners filed a notice of discontinuance.  EQC applied for costs.  The costs award is understandable.  The homeowners achieved nothing by the proceeding.  EQC did not change its position and the apportionment had no prejudice to the homeowners.