In the EQC on sold class action Mathias v EQC  the High Court fixed the date for people to lodge a notice with the Court opting into the class action as 5pm on 22 September 2023.  Some people lodged notices after the deadline.  EQC opposed the late notice people being part of the class.  In Mathias v EQC [2024] NZHC 533 the High Court (Lester AJ) dismissed the EQC opposition and extended the opt in date to the date that each individual notice was received by the Court.  The extension of time was done under rule 1.19  of the High Court Rules as being in the interests of justice.

on 22 September 2023 at 5pm time expires for eligible class members to opt into the Mathias v EQC class action.  It is to enable purchasers of earthquake damaged houses to get cash compensation from EQC for EQC’s defective assessments and/or repair work.  The claims are funded by a litigation funder.  Here is a link to a website about the claims.    

In Local Government Mutual Funds Trustee Ltd v Napier City Council [2023] NZSC 97 the Supreme Court dismissed the LGMFT appeal about its liability for a $12M building defects settlement paid by the Council about Waterfront Apartments.  The relevant insurance policy excluded liability from weathertightness defects.  The apartment owners alleged both weathertightness defects and non-weathertightness defects.  About $4.4M of the $12M paid related solely to non-weathertightness defects.  In this situation, where the Council faced liability for separate and divisible loss arising from breaches of the weathertightness and non-weathertightness aspects of the Building Code, only the former are excluded from cover notwithstanding that the claim was presented on a mixed basis.  […]

Govt to support councils with buyout and better protection of cyclone and flood affected properties Hon Grant Robertson Hon Michael Wood Cyclone Recovery Finance The Government will enter into a funding arrangement with councils in cyclone and flood affected regions to support them to offer a voluntary buyout for owners of Category 3 designated residential properties. It will also co-fund work needed to protect Category 2 designated properties. “From the beginning of this process the Government has supported a locally-led response to the North Island weather events, as requested by councils and communities in affected regions,” Grant Robertson said. “The facilitation work that the cyclone taskforce has been engaged in […]

In Tadd Management Ltd v Weine & ors [2023] NZHC 764 the High Court (Gwynne J) decided that the vendor misrepresented the seismic rating of 134 Queens Drive Lower Hutt that it sold to the plaintiff in December 2017 for $1,227,000 at auction.  The vendor based on a report from the third party, NZ Consulting Engineers Ltd, represented a 60% NBS rating and that the earthquake rating was “Good”.  The court decided that this was a misrepresentation and also common mistake.  It awarded the purchaser damages of $592,00 being the difference in value of the building as it was and as represented together with interest from the date of the […]