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Southern Response and Privacy

Campbell Live recently ran a piece about an insured that requested information/documentation held by Southern Response about him under the Privacy Act.  I highly recommend this process.  You may be surprised by what emerges when you get the documents.   The documents/information about me held by Southern Response were very informative.

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High Court orders EQC to pay costs to homeowners

In Ryde v EQC & anor [2014] NZHC 2763 and Van Limburg v EQC & anor [2014] NZHC 2764 the High Court has ordered EQC to pay the costs and disbursements of insured homeowners that sued EQC where EQC for years refused to pay and wrongly assessed the house(s) as under cap but paid cap once sued. These decisions are positive for homeowners and an incentive to them to sue EQC if they are dissatisfied with EQC.

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Southern Response – post Avonside Holdings- slow payer

On 1 October 2014 the Court of Appeal said that Southern Response was liable to pay professional fees of 10% and a contingency of 10% as part of a rebuild cost; costs in the Court of Appeal and that the High Court order of “no costs” must change.  Southern Response has not yet paid the increased judgment amount of a further $214,934.14.  A statutory demand was served on it on 23 October 2014.  Southern Response eventually paid the costs in the Court of Appeal of $17,780 only after being served with a statutory demand.  Notwithstanding the Court of Appeal directive about costs in the High Court and the success of Avonside in recovering over $400,000 more than it was ever offered by Southern Response, Southern Response still refuses to pay any costs in the High Court.  So the High Court will have to determine costs.  After the High Court decision in Avonside, insureds were told that in reliance on the High Court decision it would not pay a contingency and professional fees.  Presumably now being a responsible government entity it will respect and follow the Court of Appeal decision.  I will hold my breath.

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