The Minister Responsible for the Earthquake Commission Grant Robertson has been advised by the Attorney General that the Crown via Southern Response is to appeal the High Court decision of the K. & A. Dodds v Southern Response Earthquake Services Ltd case.
“The Government wants to find a fair and enduring resolution for the outstanding Canterbury earthquake claims. We are committed to doing what is right and ensuring people are paid what they are entitled to.
“It is our intention that the clarity that will come from the outcome of these proceedings will enable the Crown to work with Southern Response to provide a soundly based proactive solution to those people that are affected.”
“The judgment handed down by Justice Gendall on August the 16th at the High Court in Christchurch has left some important unanswered questions, so we are taking the case to the Appeal Court to seek more certainty in this situation – and as a result for other claimants and for Southern Response,” Grant Robertson says.
“This case is about what happens to historical insurance settlements if the law changes – does Southern Response have a legal obligation to go back in time and pay customers more than they were entitled to at the time their claim was settled?
“Along with Minister Woods and representatives of Southern Response I met with the Dodds today. I am sorry for the situation they find themselves in, and I recognise that this next step is not what they would have hoped for. In recognition of that the Crown, through Southern Response, has offered to pay their legal costs to date, and cover their reasonable legal costs for the Court of Appeal case.
“I would like this case to be heard as quickly as possible. To that end Southern Response intends to ask the Court for a priority fixture if both parties agree,” Grant Robertson says.