SISSON v IAG NEW ZEALAND LIMITED [2017] NZHC 182
Leave to discontinue was granted because the applicant accepted her claim had fallen away; the court reserved the question of costs and made specific directions for submissions and a hearing to determine costs.
Source-derived case information.
- Citation
- [2017] NZHC 182
- Parties
- Applicant: Therese Anne Sisson; Respondent: IAG New Zealand Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 February 2017
- Procedural Posture
- Civil Proceeding (insurance/contract Dispute) / Discontinuance Granted; Costs Reserved With Directions for Submissions and Hearing
- Outcome
- Leave to discontinue granted; costs reserved and directions issued for written submissions and a hearing.
- Legal Topics
- Discontinuance, Costs, Consent Judgment, Leave to Discontinue
Source-derived case record
Summary, issues, holding and outcome
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Parties
Therese Anne Sisson
Applicant
IAG New Zealand Limited
Respondent
Procedural Posture
Civil Proceeding (insurance/contract Dispute) / Discontinuance Granted; Costs Reserved With Directions for Submissions and Hearing
Legal Issues
- 1 Whether leave to discontinue should be granted
- 2 Whether costs should be awarded to respondent and quantum of costs
- 3 Procedural directions for determination of costs
Ratio Decidendi
Leave to discontinue was granted because the applicant accepted her claim had fallen away; the court reserved the question of costs and made specific directions for submissions and a hearing to determine costs.
Court Disposition
Leave to discontinue granted; costs reserved and directions issued for written submissions and a hearing.
Orders
- By 24 February 2017 counsel for IAG to file and serve submissions in support of IAG's application for costs in this proceeding.
- By 10 March 2017 Ms Sisson to file and serve her submissions on costs in response.
Full Case Text
Judgment text and source record
1 paragraphs
SISSON v IAG NEW ZEALAND LIMITED [2017] NZHC 182 [16 February 2017]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2016-409-0000453[2017] NZHC 182BETWEEN THERESE ANNE SISSONApplicantAND IAG NEW ZEALAND LIMITEDRespondentHearing: 13-16 February 2017Appearances: Applicant Appears In PersonM Mitchell for IAGJudgment: 16 February 2017ORAL JUDGMENT OF GENDALL J[1] This proceeding CIV-2016-409-453, along with related proceedings, was the subject of a hearing which commenced on Monday 13 February last. It is now the fourth day of this hearing, 16 August 2016. This proceeding CIV-2016-409-453 brought by Ms Sisson against IAG New Zealand Limited effectively deals with similar matters which were the subject of a related proceeding in this Court, CIV-2016-409-40.[2] Earlier today, 16 February 2017, all parties involved in proceeding CIV-2016- 409-40 filed a consent memorandum in this Court requesting that judgment by consent be entered in favour of the plaintiff in that proceeding, Chesterfields Preschools Limited (In Liquidation). That occurred.[3] Effectively, therefore, Ms Sisson the applicant in this proceeding -453 has accepted that her claim in this proceeding has fallen away and she has indicated this morning that she intends to file a discontinuance of that proceeding.[4] Leave is granted therefore to the applicant Ms Sisson to discontinue this proceeding, CIV-2016-409-453.[5] As I understand it, a written discontinuance is to be made available by Ms Sisson to the Court this morning.[6] So far as costs on this proceeding and the discontinuance are concerned, I now make the following directions at the request of counsel for IAG and Ms Sisson:(a) By 24 February 2017 counsel for IAG are to file and serve submissions in support of IAG's application for costs in this proceeding.(b) By 10 March 2017 Ms Sisson the applicant in this proceeding is to file and serve her submissions on costs in response.(c) By 17 March 2017 counsel for IAG is to file and serve any reply submissions she may wish to file.(d) The Registrar is directed to liaise with counsel for IAG and Ms Sisson to set down for hearing this costs issue. Up to half a day is allowed at the first available and suitable date. This hearing is to be before me....................................................Gendall JSolicitors:Lane Neave, ChristchurchPhillip Shamy, ChristchurchMeredith Connell, ChristchurchCopy to Ms Sisson