Southern Response Guilty of Misleading Conduct and bad faith

In Dodds v Southern Response Earthquake Services Ltd [2019] NZHC 2016 the High Court (Gendall J) ordered Southern Response to pay Dodds $178,894.30 plus interest from 23 December 2013 because Southern Response misrepresented the cost to rebuild the house at 9 Errol Lane, Huntsbury damaged in the earthquake on 22 February 2011.  Southern Response provided a Detailed Repair/rebuild Analysis to Dodds that excluded demolition, professional fees and contingency that totalled $895,937.78 whilst at the same having a full costing at $1,186,920.75 that it did not provide to Dodds.  Dodds entered into a settlement agreement based  on the lesser figure.   The High Court decided that SR was guilty of misrepresenting the rebuild cost and engaging in misleading and deceptive conduct.  It also said that Southern Response breached good faith obligations.  The High Court ordered Southern Response to pay the difference in the 2 costings less the cost of demolition that Southern Response paid and some Arrow costs.  It did not award general damages.