BLIGH v EARTHQUAKE COMMISSION [2017] NZHC 2964

BLIGH v EARTHQUAKE COMMISSION [2017] NZHC 2964

The plaintiff obtained an indulgence by having a default judgment set aside; because the defendants did not contribute to the plaintiff's default the court exercised its discretion to award each defendant costs of the setting aside application on a Category 2 band B basis, with disbursements to be fixed by the Registrar, and ordered the costs to take immediate effect without any additional award for presentation of submissions.

Citation
[2017] NZHC 2964
Parties
Plaintiff: Derek Ricky Bligh; First Defendant: Earthquake Commission; Second Defendant: IAG New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 November 2017
Procedural Posture
Civil Proceedings Insurance/earthquake Damage / Costs Hearing Following Successful Application to Set Aside Default Judgment
Outcome
Plaintiff ordered to pay costs to each defendant for the setting aside application on a Category 2, band B basis with disbursements to be fixed by the Registrar; costs order to take immediate effect; limited certification of disbursements granted; no additional costs awarded for submissions.
Legal Topics
Setting Aside Default Judgment, Costs Assessment, Disbursements, Relief as Indulgence
Civil Procedure Insurance Costs Setting Aside Default Judgment Costs Assessment Disbursements Relief as Indulgence

Case Brief

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Parties

Derek Ricky Bligh

Plaintiff

Earthquake Commission

First Defendant

IAG New Zealand Limited

Second Defendant

Procedural Posture

Civil Proceedings Insurance/earthquake Damage / Costs Hearing Following Successful Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether defendants are entitled to costs after plaintiff successfully set aside default judgment
  2. 2 Appropriate costs band and basis of assessment
  3. 3 Whether costs payment should be deferred pending contribution/indemnity claims against non-parties

Ratio Decidendi

The plaintiff obtained an indulgence by having a default judgment set aside; because the defendants did not contribute to the plaintiff's default the court exercised its discretion to award each defendant costs of the setting aside application on a Category 2 band B basis, with disbursements to be fixed by the Registrar, and ordered the costs to take immediate effect without any additional award for presentation of submissions.

Court Disposition

Plaintiff ordered to pay costs to each defendant for the setting aside application on a Category 2, band B basis with disbursements to be fixed by the Registrar; costs order to take immediate effect; limited certification of disbursements granted; no additional costs awarded for submissions.

Orders

  • Plaintiff to pay to each defendant costs on a Category 2, band B basis for the setting aside application
  • Disbursements to be fixed by the Registrar