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 decided that each party was to some extent unsuccessful so awarded not costs at all.
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