DEWES v IAG NEW ZEALAND LTD & ORS [2019] NZHC 2270

DEWES v IAG NEW ZEALAND LTD & ORS [2019] NZHC 2270

Section 16 of the Canterbury Earthquakes Insurance Tribunal Act 2019 authorises transfer of the entire court proceeding, including third-party claims, where the plaintiffs' claim meets eligibility and the transfer is in the interests of justice; the Court ordered transfer because transfer furthers the interests of...

Source-derived case information.

Citation
[2019] NZHC 2270
Parties
Plaintiffs: Catherine Frances Dewes; Robert Denton Green; Diana Rose Mary Shand as trustees of the Dewes Green Family Trust; First Defendant: IAG New Zealand Limited; Second Defendant: Max Contracts Limited; Third Defendant: Max EQ Limited; First Third Party: Orange H Management Limited (formerly Hawkins Management Limited) (In Receivership and in Liquidation); Second Third Party: Orange H Group Limited (formerly Hawkins Management Limited) (In Receivership and in Liquidation); Third Third Party: Max Contracts Limited; Fourth Third Party: QBE Insurance (Australia) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 September 2019
Procedural Posture
Application to Transfer High Court Proceeding to the Canterbury Earthquakes Insurance Tribunal Under the Canterbury Earthquakes Insurance Tribunal Act 2019 / Case Management – Application to Transfer (pre Hearing)
Outcome
Proceeding transferred to the Canterbury Earthquakes Insurance Tribunal; costs of the transfer application reserved.
Legal Topics
Transfer of Proceedings, Canterbury Earthquakes Insurance Tribunal Act 2019, Third Party Proceedings, Law Reform Act 1936, Jurisdiction to Transfer, Costs Limitations
Insurance Law Civil Procedure Construction Law Insurance Dispute Resolution Transfer of Proceedings Canterbury Earthquakes Insurance Tribunal Act 2019 Third Party Proceedings Law Reform Act 1936 +2 more

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Parties

Catherine Frances Dewes; Robert Denton Green; Diana Rose Mary Shand as trustees of the Dewes Green Family Trust

Plaintiffs

IAG New Zealand Limited

First Defendant

Max Contracts Limited

Second Defendant

Max EQ Limited

Third Defendant

Orange H Management Limited (formerly Hawkins Management Limited) (In Receivership and in Liquidation)

First Third Party

Orange H Group Limited (formerly Hawkins Management Limited) (In Receivership and in Liquidation)

Second Third Party

Max Contracts Limited

Third Third Party

QBE Insurance (Australia) Limited

Fourth Third Party

Procedural Posture

Application to Transfer High Court Proceeding to the Canterbury Earthquakes Insurance Tribunal Under the Canterbury Earthquakes Insurance Tribunal Act 2019 / Case Management – Application to Transfer (pre Hearing)

Legal Issues

  1. 1 Whether s16 of the Canterbury Earthquakes Insurance Tribunal Act 2019 permits transfer of an entire court proceeding including third party claims
  2. 2 Whether the Court has jurisdiction to transfer only part of a proceeding
  3. 3 Whether transfer of the proceeding is in the interests of justice

Ratio Decidendi

Section 16 of the Canterbury Earthquakes Insurance Tribunal Act 2019 authorises transfer of the entire court proceeding, including third-party claims, where the plaintiffs' claim meets eligibility and the transfer is in the interests of justice; the Court ordered transfer because transfer furthers the interests of justice and the limitations on costs in the Tribunal do not by themselves amount to disqualifying prejudice.

Court Disposition

Proceeding transferred to the Canterbury Earthquakes Insurance Tribunal; costs of the transfer application reserved.

Orders

  • Proceeding transferred to the Canterbury Earthquakes Insurance Tribunal pursuant to s16 of the Canterbury Earthquakes Insurance Tribunal Act 2019.
  • Costs of the transfer application reserved.