IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2013-409-001333 [2017] NZHC 2994
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:
4 December 2017
JUDGMENT OF ASSOCIATE JUDGE OSBORNE [on security for costs]
Introduction
[1] This proceeding was originally scheduled to have a seven-day trial commencing 31 October 2016. Now, by reason of unusual circumstances, there is a
new trial date commencing 19 February 2018 (estimated to take 10 days).
BLIGH v EARTHQUAKE COMMISSION [2017] NZHC 2994 [4 December 2017]
[2] The circumstances in which there came to be a new trial date are fully explained in a judgment of Associate Judge Matthews in which a default judgment obtained by the defendants on 1 November 2016 was set aside.1 Mr Bligh had a contract with a litigation funder, Claims Resolution Service Ltd (CRSL). His solicitor in the litigation had been Grant Shand, Barristers and Solicitors. Either shortly before or on the day of hearing, CRSL purported to cancel its contract with Mr Bligh. That led Mr Andrew Ferguson, the solicitor from Grant Shand’s firm who was acting, to seek and obtain leave to withdraw as the plaintiff’s solicitor. As a result of Mr Bligh’s non-appearance in Court, Clark J entered judgment by default for the defendants.2
[3] Mr Bligh subsequently applied for and obtained the order setting aside the default judgment.3 Associate Judge Matthews then made timetabling orders on all parties’ signalled applications for costs and the defendants’ signalled application for security for costs in relation to the freshly-pending trial.
The applications for security for costs
[4] As a matter of exigency, in this judgment I determine only the applications for security for costs. There is a distinct urgency attaching to those having regard to the new trial date.
[5] The defendants (“IAG” and “EQC”) apply for orders pursuant to r 5.45 High Court Rules that the plaintiff give security for costs in favour of each defendant in the sum of $20,000. They ask that the orders require security by 22 December 2017. The defendants apply also for orders staying the proceeding if the plaintiff does not give such security by 22 December 2017.
[6] Mr Bligh opposes the applications for security. Responsibly, he does not take issue with the appropriateness of the amount sought ($20,000 for each defendant) if security is to be granted. Nor did Mr Lynn (for Mr Bligh) submit that there ought not to be a stay of the proceeding if security, though ordered, is not provided. Further, Mr
Lynn accepted that the threshold requirement under r 5.45 – that there is reason to
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- Case
- [2017] NZHC 2994
- Decision Date
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