SISSON v IAG NEW ZEALAND LIMITED [2015] NZHC 2002
Because the plaintiff defaulted on court orders and the proceeding was struck out, the usual rule that costs follow the event applied and the defendant was entitled to costs on a category 2 band B basis of $15,522 plus disbursements of $110.
Source-derived case information.
- Citation
- [2015] NZHC 2002
- Parties
- Plaintiff: Therese Anne Sisson; Defendant: IAG New Zealand Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 August 2015
- Procedural Posture
- Civil (strike Out and Costs) / Post‑strike Out Costs Application
- Outcome
- Judgment for the defendant for costs
- Legal Topics
- Strike Out, Default on Court Orders, Unless Order, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Therese Anne Sisson
Plaintiff
IAG New Zealand Limited
Defendant
Procedural Posture
Civil (strike Out and Costs) / Post‑strike Out Costs Application
Legal Issues
- 1 Whether the defendant was entitled to costs after the plaintiff defaulted on court orders and the proceeding was struck out
- 2 Appropriate quantum and scale of costs
- 3 Whether any special circumstances justified departing from ordinary rule that costs follow the event
Ratio Decidendi
Because the plaintiff defaulted on court orders and the proceeding was struck out, the usual rule that costs follow the event applied and the defendant was entitled to costs on a category 2 band B basis of $15,522 plus disbursements of $110.
Court Disposition
Judgment for the defendant for costs
Orders
- Costs awarded to defendant on a category 2 band B basis of $15,522 plus disbursements of $110
Full Case Text
Judgment text and source record
1 paragraphs
SISSON v IAG NEW ZEALAND LIMITED [2015] NZHC 2002 [24 August 2015]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2013-409-989[2015] NZHC 2002BETWEEN THERESE ANNE SISSONPlaintiffAND IAG NEW ZEALAND LIMITEDDefendantIn Chambers: On papersJudgment: 24 August 2015JUDGMENT OF THE HON JUSTICE KÓS(Costs)[1] The plaintiff, Ms Sisson, defaulted upon orders made by an Associate Judge in March 2014. Following both a stay and an unless order, I struck her proceeding out on 10 August 2015.[2] My judgment provided the defendant might apply for costs. It has now done so. It seeks an order for costs on a category 2 band B basis of $15,522 plus disbursements of $110.[3] Costs must follow the event. The costs sought are proper. There will be judgment for costs accordingly.Stephen Kós JSolicitors:Grant Shand, Christchurch for PlaintiffFortune Manning, Christchurch for Defendant