IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2013-409-001333 [2017] NZHC 995
BETWEEN DEREK RICKY BLIGH
Plaintiff
AND
THE EARTHQUAKE COMMISSION First Defendant
IAG NEW ZEALAND LIMITED Second Defendant
Hearing: 9 May 2017 Appearances:
R Lynn for Plaintiff
N S Wood and J W Upson for First Defendant
P M Smith for Second DefendantJudgment:
16 May 2017
JUDGMENT OF ASSOCIATE JUDGE MATTHEWS
[1] This proceeding was brought by Mr Bligh against his insurer, IAG New Zealand Limited (IAG) and the Earthquake Commission (EQC) in respect of damage said to have been caused to his home in Waddington, Canterbury, in the sequence of earthquakes in 2010 and 2011. He applies to set aside a judgment of Clark J dated
2 November 2016 in which her Honour entered judgment for the EQC and IAG
under r 10.8 of the High Court Rules.1 EQC and IAG oppose the application.
[2] Rule 10.8 provides that if a defendant appears at a hearing, but the plaintiff does not, the defendant is entitled to judgment dismissing the proceeding, unless the defendant has admitted all or part of the claim, which is not the position in this case. In the circumstances which follow, Mr Bligh did not appear at the trial of his claim
against EQC and IAG.
BLIGH v THE EARTHQUAKE COMMISSION and IAG NEW ZEALAND LTD [2017] NZHC 995 [16 May 2017]
[3] Mr Bligh relies on r 10.9:
Judgment following non appearance may be set aside
Any verdict or judgment obtained where one party does not appear at the trial may be set aside or varied by the court on any terms that are just if there has, or may have been, a miscarriage of justice.
[4] The Court is required to consider this application in the way directed by the
Court of Appeal in Russell v Cox,2 confirmed in Mathieson v Jones:3
The test against which an application to set aside a judgment should be considered is whether it is just in all the circumstances to set aside the judgment, and the several factors mentioned in the judgments discussed should be taken, not as rules of law, but as no more than tests by which the justice of the case is to be measured, in the context of procedural rules whose overall purpose is to secure the just disposal of litigation.
[5] Since Russell v Cox was decided the High Court has instituted a system of case management. As well, because Mr Bligh’s case was a claim in respect of damage alleged to have been caused to his home by earthquakes in the Canterbury earthquake sequence, it was managed under a specific case management scheme put in place by the Court in Christchurch for such cases. In my opinion the reference to the context of procedural rules in Russell v Cox should, in the present case, include the case management system under which this case was procedurally conducted.
[6]…
Keep reading for free
Create a free CaseChat account to read Bligh v Earthquake Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2017] NZHC 995
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.