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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.

In Ginivan & Ors v Southern Response Earthquake Services Ltd [2018] NZHC 2403 the High Court considered an application by home owners of a house being rebuilt for orders requiring Southern Response to pay specified expert engagement expenses because Southern Response apparently refused to pay the costs of building experts suggested by the homeowners.  The homeowners proposed using Warren & Mahoney as architects.  Its price for plans and related architectural work was $195,000.  Southern Response regarded the fee as unreasonable and got a price from Eco Workshop for $114,000.  The policy provided that Southern Response would pay the reasonable costs of any architects to rebuild the house provided that Southern […]

In Settlers Crescent Partnership v IAG New Zealand Ltd [2018] NZHC 2775 the owners of 4 adjoining buildings at 14 Settlers Crescent, Ferrymead (funded by Risk Worldwide) sued to recover for damage in the June 2011 earthquake notwithstanding that they had cash settled for $10,233,973.80 with IAG for damage to the buildings in the September 2010 and February 2011 earthquakes on the basis that those buildings were recommended for demolition as being destroyed.  The Court unsurprisingly found that the partnership suffered no further loss in the June 2011 and the claim failed.

A demolition contractor, Nicon, has sued Tower Insurance/Stream Group for allegedly unpaid fees on post earthquake demolition work and quote provision.  Nicon claims $350 plus GST for each of the 1083 quotes it gave to Tower/Stream ($379,050).  It also claimed that Tower was obliged to give it the work for any actual demolition carried out on the quoted jobs.  In Nicon Ltd v Tower Insurance Ltd & anor [2018] NZHC 2005 the High Court (Gendall J) decided four preliminary questions about the alleged agreement with Tower/Stream.  The Court decided that a written heads of agreement between Nicon and Stream was binding and it required Tower/Stream to offer Nicon first the […]

In Self Realisation Meditation and Healing Centre Charitable Trust (New Zealand) v IAG New Zealand Ltd [2018] NZHC 2077 the High Court (Osborne AJ) struck as parties two builders joined by IAG to claims by a property owner about earthquake damage to two Christchurch houses.  Each builder had minimal allegedly defective work and the property owner sued only IAG based on the policy without alleging defective remedial work.