Supreme Court decision on property

bunny2121, Jul 23, 6:26am
So after reading this

Does that mean even though we settled a few years back and took the payout to buy another house rather than rebuild on same site. We could now claim for this.

spade, Jul 23, 6:56am
Yes I want to know this as well, will there be a class action for people who have settled? Or do we approach SR ourselves, we settled and brought a house so we could move away but were told that SR would not pay for associated costs in our settlement, tried to argue this with them but they would not budge. Now it turns out the court has told them to pay this. I feel guttered and yet again screwed over by SR!

beauranger, Jul 23, 9:14am
They showed this on the news this evening and the question was asked about people that had already settled and whether they could go back and claim. The answer was if that a settlement payout has been agreed on and paid, it is usually full and final settlement. Check the wording on your payout contract you would have signed. In other words its done and dusted and don't waste money trying to overturn it coz it aint gonna happen. Really bummed we didn't know this when we accepted our settlement figure a few years ago too. Live and learn.

bratpack06, Jul 23, 9:16am
So much for them being open and honest

kayakforsale, Jul 23, 10:36am

david_270, Jul 23, 10:54am
I think those with recent settlements who had a specific clause in their settlement agreement referring to the outcome of this case will be ok, anyone without that clause will miss out.

spade, Jul 23, 2:06pm
I like how the article on 3 news says

"Lawyers say homeowners who had settled quietly and quickly are likely to be out of luck, because most settlements are full and final and that's the end of it."

Our settlement was neither quiet or quick but a painstaking slow process that nearly broke me. Still feeling the after affects a year after settlement.

jonners2013, Jul 24, 12:49am
Yes unfortunately agreeing to something as 'full and final settlement' is exactly that - full and final. Surely people realise this when agreeing to it?

Unless you can show you were deceived, it is going to be very difficult to overturn the 'full and final settlement'.

david_270, Jul 28, 6:37pm

captaingraham, Jul 28, 8:18pm
True. They say the settlements were made in good faith, I say they were made under pressure/duress. The offers were not negotiable and most claimants took what was on offer due to financial pressure, mainly caused by the insurers delaying tactics. I can see this all being challenged in the future.

janbodean, Jul 28, 8:29pm
I think I would almost have preferred that than the laborious process of a re build. We have been out of our home since it was pulled down three+ years ago and are still not back in it, although in fairness we are only weeks away. I think no matter which option you took it has been a harsh process which has nearly broken many of us. I guess we could feel blessed that at least we have resolution when so many still don't know if they are a repair or a re build.

spade, Oct 21, 2:24pm
We were a re-build up to the last minute, brought a section and everything, had plans done, picked out kitchen, carpets everything, submitted plans to SR 4 times, rejected 4 times. Had so many nightmare meetings with SR, a few times we warned people of what tactics they were playing at but in the end what changed our minds were: a job offer in Aussie, no end date in site of a re-build while still paying mortgage on section and demolished house, running out of temp accommodation and the 50 grand that SR were going to sting us for our "fully insured" re-build. So I know all about the re-build stress as well and can sympathise.

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