| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA567/2017 [2019] NZCA 373 |
| BETWEEN | XIAOMING HE |
| AND | EARTHQUAKE COMMISSION |
| AND | CERTAIN SYNDICATES OF LLOYD’S OF LONDON SEVERALLY SUBSCRIBED TO COVERHOLDER CONTRACT B0429CNG90466 AND CERTAIN SYNDICATES OF LLOYD’S OF LONDON SEVERALLY SUBSCRIBED TO COVERHOLDER CONTRACT B0429CNG110466 |
| Hearing: | 30 July 2019 |
Court: | Brown, Collins and Goddard JJ |
Counsel: | P A Cowey and A J Summerlee for Appellant |
Judgment: | 20 August 2019 at 10.00 am |
JUDGMENT OF THE COURT
A The appeal is dismissed.
BThe appellant must pay one set of costs to the first respondent and one set of costs to the second respondents, in each case for a standard appeal on a band A basis together with usual disbursements. We certify for second counsel.
____________________________________________________________________
REASONS OF THE COURT
(Given by Goddard J)
Introduction
The appellant, Mr He, owns a property at 377 Selwyn Street in Christchurch. The principal building on the property (the house) is a house with a shop attached to it. There are also two freestanding garages. At the time of the Canterbury earthquakes in 2010 and 2011 the house was covered for natural disaster damage under the Earthquake Commission Act 1993 (EQC Act). The property was also insured with the second respondents (whom we refer to collectively as OMPL)[1] in respect of certain earthquake damage not covered by the Earthquake Commission (EQC), on the basis set out in the relevant insurance policies.
[1]Offshore Market Placements Ltd (OMPL) is a company that acts as agent for the underwriters of the relevant insurance policies.
The house suffered damage caused by the Canterbury earthquakes. Mr He made claims to EQC in respect of that damage. EQC paid approximately $16,000 for repairs to the house. Mr He considered that EQC’s liability under the EQC Act substantially exceeded this sum. Mr He also made claims to OMPL in respect of damage to the property, which OMPL did not accept. Mr He brought proceedings against EQC and OMPL in the High Court. The claim was largely unsuccessful, apart from a minor claim against EQC for repairs to plaster damage on a section of the perimeter foundation of the house.[2]
[2]He v Earthquake Commission [2017] NZHC 2136 [High Court Decision].
In the High Court Mr He advanced a number of claims in respect of damage to the property which he said had been caused by the September 2010, February 2011 and June 2011 Canterbury earthquakes. Mr He’s appeal to this Court is confined to two of the issues that were determined by the High Court:
(a)The High Court dismissed Mr He’s claims in relation to damage caused by the February 2011 earthquake, other than the minor damage to the perimeter foundation mentioned above.[3] The High Court held that Mr He had not established that there was any other damage to the house caused…
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- He v Earthquake Commission [2019] NZCA 373
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- [2019] NZCA 373
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