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Lyttleton Port settled its insurance claims against its insurers for about $450M for earthquake damage caused by the 4 September 2010 earthquake.  It then sued its insurance broker, Aon, claiming a further $170M alleging that Aon was negligent in not obtaining full replacement cover of the Port’s assets without sub limits.  Aon joined Colliers and Opus as third parties.  Aon also asked the court to join as a third party the Port’s solicitor, Tony Paterson, alleging that he had failed to give advice to the Port about the relevant insurance policy.  The High Court twice refused to join Mr Paterson.  In Lyttelton Port Company Ltd v Aon New Zealand & […]

In Viktor and Beata Ltd v EQC & Tower Insurance Ltd [2018] NZHC 3017 the High Court (Nation J) considered claims for costs by the homeowner and EQC on a claim for earthquake damage to 8 Lamorna Road, Queenspark.  The homeowner discontinued the claim against EQC two weeks before the scheduled trial after EQC paid $19,311 for defective EQC repairs, but without EQC paying any more money than it had paid prior to commencement of the proceeding for earthquake damage.  The owner then settled with Tower Insurance with Tower paying $25,000 towards costs.  The owner sought costs of $24,752.54 from EQC and EQC sought costs of $18,286 from the owner.  […]

The Court of Appeal decision in Joint Action Funding Ltd v Eichelbaum [2017] NZCA 249 said that for a person to recover costs under the High Court Rules that person needed to have personally incurred those costs with a lawyer and been invoiced for them by that lawyer.  JAFL was concerned with a claim for costs by a barrister acting for himself.  Unsuccessful defendants in claims brought via litigation funders have argued since JAFL that because the legal costs are not incurred by the actual party then no costs are recoverable.  Fortunately the Supreme Court in McGuire v Secretary for Justice [2018] NZSC 116 has said that JAFL was wrongly […]

In Fitzgerald & ors v IAG New Zealand Ltd [2018] NZHC 3447 the High Court (Gendall J) considered whether IAG’s proposal to epoxy rubble foundation cracks and jack/pack piles/perimeter to relevel a floor with a differential of 58mm complied with its insurance policy obligation to reinstate the earthquake damaged house to a condition as similar as possible to when it was new.  The Fitzgeralds own 111 Innes Road, St Albans.  It is TC3.  The house built in the 1920’s is 2 storey with timber frame, weatherboard cladding and metal roof built on an unreinforced rubble perimeter foundation with internal piles.  After the earthquakes the floor level differential is 58mm in […]

In April 2014 the Institution of Professional Engineers dismissed a complaint about Alan Reay and his involvement with the design and building of the CTV building that collapsed killing 115 people in the 22 February 2011 earthquake because Dr Reay was no longer a member of IPENZ.  In a judgment 7 December 2018 in Attorney General v IPENZ & anor [2018] NZHC 3211 the High Court (Collins J)  decided that IPENZ was wrong in its interpretation of the word”member” and that member included a person that had resigned after the complaint was made.  So IPENZ is now able to consider complaints about Dr Reay.