IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2013-409-001333 [2017] NZHC 3179
BETWEEN DEREK RICKY BLIGH
Plaintiff
AND
EARTHQUAKE COMMISSION First Defendant
AND
IAG NEW ZEALAND LIMITED Second Defendant
Hearing: 27, 28 November 2017 Appearances:
R J Lynn for Plaintiff
N S Wood for First Defendant
P M Smith for Second Defendant
J Moss and G P Davis for Claims Resolution Service Limited
P J Napier for Grant ShandJudgment:
18 December 2017
Reissued:
12 February 2018
JUDGMENT OF ASSOCIATE JUDGE OSBORNE
[in relation to wasted costs and costs against non-parties]
Introduction
[1] Derek (Ricky) Bligh sued the defendants (“EQC” and “IAG”) in relation to damage to his house allegedly sustained in the earthquake of 4 September 2010. His claims (including the central claim for $596,244.71 as reinstatement costs) were to have been the subject of a trial commencing on Monday, 31 October 2016. The trial
did not proceed. Claims Resolution Service Ltd (CRSL), a litigation funder which had
BLIGH v EARTHQUAKE COMMISSION [2017] NZHC 3179 [18 December 2017]
been funding Mr Bligh, cancelled its contract with him (“the funding contract”). As a consequence, the firm of Grant Shand Barrister and Solicitor (“Grant Shand”)1 ceased representing Mr Bligh. Mr Bligh did not appear in Court when the case was called. The Court entered judgment by default against him.2
[2] Mr Bligh was subsequently able to have the judgment set aside.3 The Court has ordered Mr Bligh to pay to EQC and IAG the costs and disbursements of the setting aside application.4
[3] The Court has allocated a fresh trial date and directions have been made as to the service of further briefs of evidence by the parties.
[4] Wasted costs have been incurred by the three parties as a result of the trial not proceeding on 31 October 2016 and judgment being entered by default. Mr Bligh incurred irrecoverable party/party costs in obtaining the indulgence of the setting aside of the default judgment. EQC and IAG incurred attendances in relation to what ultimately became the adjournment of the trial.
[5] The parties variously hold CRSL and Grant Shand accountable for wasted costs upon the basis that they caused or contributed to the events which created the wasted costs.
The applications
[6] This judgment deals with four applications:
(a) EQC and IAG each apply for wasted costs orders against Mr Bligh;
(b) EQC also applies for wasted costs orders against CRSL as a non-party;
1 All references in the judgment are (unless the context indicates to the contrary) to the firm of Grant
Shand, rather than Mr Shand personally.
2 Bligh v Earthquake Commission [2016] NZHC 2619.
(c) IAG applies for wasted costs orders against both CRSL and Grant
Shand as non-parties; and
(d)Mr Bligh applies for an order that CRSL and Grant Shand indemnify him for any wasted costs orders (made against…
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- Case
- [2017] NZHC 3179
- Decision Date
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