IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2017-409-000116
[2020] NZHC 1469
BETWEEN WILLIAM FRANCIS GINIVAN and
BRETT WILLIAM REID as trustees of the GIFT TRUST
First Plaintiffs
AND
WILLIAM FRANCIS GINIVAN and DIANE SHIRLEY CARSON
Second Plaintiffs
AND
SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED
Defendant
Hearing: 19 June 2020 Appearances:
G A Cooper for Plaintiffs M A Powell for Defendant
Judgment:
26 June 2020
JUDGMENT OF ASSOCIATE JUDGE PAULSEN
This judgment was delivered by me on 26 June 2020 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Ginivan v Southern Response Earthquake Services Ltd [2020] NZHC 1469 [26 June 2020]
The application
[1] This proceeding concerns the first plaintiffs’ property at 24 Thorrington Road, Cashmere, Christchurch which was insured with the defendant and damaged by earthquake.1 The plaintiffs have elected under their policy of insurance to rebuild the house on the property, but their claim is not resolved.
[2] On 19 February 2019, Whata J ordered the defendant be given access to the property to carry out an inspection at a time to be agreed by the parties. The plaintiffs did not allow the inspection. On three further occasions the court has required the plaintiffs to allow the inspection. The plaintiffs have not complied with those orders either.
[3] On the last such occasion, on 14 November 2019, relying on r 7.48(1) High Court Rules I ordered that unless the defendant was given access to the property by 14 December 2019 this proceeding was stayed pending further order of the court. The plaintiffs seek leave to appeal from that order pursuant to s 56(3) of the Senior Courts Act 2016.
Background
[4] The statement of claim was filed on 21 February 2017 and the plaintiffs seek declaratory relief concerning the scope and payment of the costs of the rebuild. The defendant filed its statement of defence on 18 April 2017. Both the statement of defence and the defendant’s memorandum of 10 May 2017 for first case management review note the plaintiffs’ refusal to allow the defendant access to the property to confirm its assessment of the cost to rebuild the house.
[5] On 16 May 2017, Whata J issued a minute for first case management review. He made directions which relevantly required the plaintiffs to provide a construction contract containing the detailed designs for works required to rebuild the house by 31 August 2017.
1 Throughout this judgment references to the plaintiffs mean the first plaintiffs.
[6] The plaintiffs did not comply with that direction and on 17 October 2017 Courtney J made an amended timetable. The plaintiffs were to provide the construction contract/designs by 1 April 2018. These have not been provided due to unresolved disputes between the parties.
[7] From an early stage there have been disputes about professional fees. In a minute of 20 March 2018, Associate Judge Osborne noted these were preventing progress with the proceeding. He made a timetable…
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- Case
- [2020] NZHC 1469
- Decision Date
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