BLIGH v THE EARTHQUAKE COMMISSION and IAG NEW ZEALAND LTD [2017] NZHC 995

BLIGH v THE EARTHQUAKE COMMISSION and IAG NEW ZEALAND LTD [2017] NZHC 995

On balance the Court found a miscarriage of justice: plaintiff's serious health, chaotic and late change of position by litigation funder/advisors and counsel, arguable case on the evidence, and legitimate reliance on a last-minute expert inspection justified setting aside the default judgment entered under r10.8; costs reserved and case management directions given.

Citation
[2017] NZHC 995
Parties
Plaintiff: Derek Ricky Bligh; First Defendant: The Earthquake Commission; Second Defendant: IAG New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 May 2017
Procedural Posture
Civil Property Damage/insurance Claim / Application to Set Aside Default Judgment (r 10.9 High Court Rules)
Outcome
Default judgment entered 2 November 2016 is set aside.
Legal Topics
Default Judgment, Set Aside Judgment, Case Management, Litigation Funding, Withdrawal of Counsel, Costs, Miscarriage of Justice
Civil Procedure Insurance Law Professional Conduct Property Law Default Judgment Set Aside Judgment Case Management Litigation Funding +3 more

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Parties

Derek Ricky Bligh

Plaintiff

The Earthquake Commission

First Defendant

IAG New Zealand Limited

Second Defendant

Procedural Posture

Civil Property Damage/insurance Claim / Application to Set Aside Default Judgment (r 10.9 High Court Rules)

Legal Issues

  1. 1 Whether the default judgment entered under r 10.8 High Court Rules should be set aside under r 10.9 for miscarriage of justice
  2. 2 Whether plaintiff had an arguable/substantial case
  3. 3 Whether plaintiff had a reasonable explanation for non-appearance at trial

Ratio Decidendi

On balance the Court found a miscarriage of justice: plaintiff's serious health, chaotic and late change of position by litigation funder/advisors and counsel, arguable case on the evidence, and legitimate reliance on a last-minute expert inspection justified setting aside the default judgment entered under r10.8; costs reserved and case management directions given.

Court Disposition

Default judgment entered 2 November 2016 is set aside.

Orders

  • Default judgment entered 2 November 2016 set aside
  • Costs reserved