A Christchurch couple locked in an ongoing legal battle with state-owned quake insurer Southern Response says it is sobering for a Court of Appeal decision to go their way, one decade on from the harrowing earthquakes.
An earlier High Court decision found Southern Response guilty of misleading and deceptive behaviour when it short-changed Karl and Alison Dodds tens of thousands of dollars after their quake damaged house was written off.
The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover the insurer had kept secret from them a second higher estimate to rebuild their damaged house, a so-called second secret detailed repair and rebuild analysis (DRA).
The High Court ordered Southern Response to pay the Dodds almost $180,000 in damages, plus costs.
But the government appealed the decision, saying it needed clarity, because of the thousands of similar cases it could be liable for.
The Court of Appeal reduced the damages Southern Response has to pay $10,656.44 due to an earlier error in calculations.
The Minister responsible Grant Robertson has declined to be interviewed.
Southern Response also declined to be interviewed. Neither have ruled out appealing the decision in the Supreme Court.
Southern Response is back in court today - this time having a final go at arguing that a class action against it should not be an 'opt-out'.
Christchurch residents Brendan and Colleen Ross say the state insurer deliberately withheld the true cost of repairing their home which was damaged in the Canterbury earthquakes.
They are now among 3000 people represented in a class action led by Christchurch lawyer Grant Cameron.
In September last year the Court of Appeal decided the class action could proceed on an 'opt-out' basis - which means it would cover more people and potentially cost the state-owned insurer more money if it loses.
Southern Response is challenging that decision in the Supreme Court, a two day hearing wrapped up on Tuesday.
Checkpoint reporter Logan Church was there.
There were about 3000 claimants before October 2014 who may be eligible.
The Supreme Court has ruled that a class action by Canterbury insurance holders against Southern Response can go ahead. Ali Jones, insurance claimants advocate explains to The Panel what this means for home owners who've been fighting for years to get their fair entitlements.
A lawyer acting for Christchurch home-owners short changed in earthquake settlements says a new plan announced by the government is likely to run into trouble.
Last year in a landmark case, the High Court found the government's claim settlement agency, Southern Response, misled and deceived Karl and Alison Dodds.
It ordered the government to pay the couple nearly $180,000.
The government has now set up a package for other Southern Response claimants who settled before October 2014.
Its estimated about 3000 people will be eligible to benefit.
But most of them are already taking part in a class action led by Brendan and Colleen Ross.
Their lawyer Grant Cameron speaks to Corin Dann.
There are 1,600 Canterbury homeowners with earthquake claims still open with EQC. About 100 homeowners turned up to a meeting organised by EQC Fix in Christchurch on Monday night - all with stories of home repair hell, botched repairs, or seemingly never-ending arguments with EQC, Southern Response, or their private insurer. They were all tired and wondering why they still had to fight more than nine years on from the first Canterbury Earthquake. Checkpoint video journalist Logan Church travelled to Christchurch to speak to those still fighting for what they believe they are entitled too.
