The court case between the Earthquake Commission (EQC) and the Insurance Council over the payments to homeowners who had not received an EQC payout is scheduled to be held in August at the High Court in Wellington.

The EQC payout was for the September 4, earthquake until the February 22, quake hit Christchurch. It has been disputed whether the EQC is liable for two payouts of $100,000 plus GST for the two different quakes or whether EQC was only liable for one payment.

The Insurance Council would be representing a group of insurance companies except Tower, which will be fighting its own case against EQC. The court case of Tower will also held at the same time in August.

An Insurance Council spokesman said the Council cannot comment anything regarding the case as the case is now before the court and it would only take the final decision. A spokesman for EQC said the Commission wants to the issue as soon as possible and the EQC and the Insurance Council are working closely together to minimize the harmful effect on the owners of the houses.