SISSON v IAG NEW ZEALAND LIMITED [2015] NZHC 1870
The proceeding was struck out because the plaintiff failed to comply with ordered further particulars, discovery and security for costs despite stays and deadlines, and the court exercised its power to strike out for non‑compliance.
Source-derived case information.
- Citation
- [2015] NZHC 1870
- Parties
- Plaintiff: Therese Anne Sisson; Defendant: IAG New Zealand Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2015
- Procedural Posture
- Civil Insurance Claim / Strike Out / Final Judgment (on Papers)
- Outcome
- Proceeding struck out for non‑compliance with court orders; defendant granted leave to apply for costs.
- Legal Topics
- Strike Out for Non‑compliance, Security for Costs, Discovery, Damages for Earthquake Loss, Costs
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 Insurance Claim / Strike Out / Final Judgment (on Papers)
Legal Issues
- 1 Whether the proceeding should be struck out for non‑compliance with court orders
- 2 Whether orders for further particulars, discovery and security for costs were complied with
- 3 Entitlement of defendant to costs following non‑compliance
Ratio Decidendi
The proceeding was struck out because the plaintiff failed to comply with ordered further particulars, discovery and security for costs despite stays and deadlines, and the court exercised its power to strike out for non‑compliance.
Court Disposition
Proceeding struck out for non‑compliance with court orders; defendant granted leave to apply for costs.
Orders
- Proceeding struck out.
- Defendant may apply for costs by filing a memorandum within 10 working days.
Full Case Text
Judgment text and source record
1 paragraphs
SISSON v IAG NEW ZEALAND LIMITED [2015] NZHC 1870 [10 August 2015]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2013-409-989[2015] NZHC 1870BETWEEN THERESE ANNE SISSONPlaintiffAND IAG NEW ZEALAND LIMITEDDefendantIn Chambers: On papersJudgment: 10 August 2015JUDGMENT OF THE HON JUSTICE KÓS[1] Ms Sisson owned a house at 854 Colombo Street, Christchurch. It was demolished following the February 2011 earthquake. Ms Sisson lodged two claims against IAG relating to damage suffered in the September 2010 and February 2011 earthquakes. EQC and IAG later paid Ms Sisson $840,000 (including GST) together with additional fees and costs of $98,264.[2] These proceedings were filed in May 2013. A further $498,000 was claimed. In March 2014 Associate Judge Osborne resolved some contested interlocutory applications. He ordered further and better particulars and discovery, and security for costs, against Ms Sisson.[3] Those orders were not complied with. On 19 June 2014 I stayed the proceeding indefinitely until Ms Sissons complied in full. On 20 July 2015 Wylie J ordered that unless the orders were complied by 31 July 2015 the proceeding would be struck out.[4] That date has passed. There has not been compliance. The proceeding is struck out.[5] The defendant may apply for costs by filing a memorandum within 10 working days.Stephen Kós JSolicitors:Grant Shand, Christchurch for PlaintiffFortune Manning, Christchurch for Defendant