Sisson v IAG New Zealand Limited

Case

[2017] NZHC 270

27 February 2017

No judgment structure available for this case.

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000453 [2017] NZHC 270

BETWEEN

THERESE ANNE SISSON

Applicant

AND

IAG NEW ZEALAND LIMITED Defendant

Hearing: Dealt with on the papers

Appearances:

Applicant - In person
R P Coltman and M Mitchell for Defendant

Judgment:

27 February 2017

JUDGMENT OF GENDALL J (As to costs)

[1]      On 16 February 2017 the applicant in this proceeding, Therese Anne Sisson

(Ms Sisson) filed a discontinuance of this proceeding.

[2]      Also on 16 February 2017, in a judgment I issued in this proceeding I granted leave to Ms Sisson to discontinue this proceeding and made certain directions regarding the filing of memoranda on the issue of costs.

[3]      Ms Sisson and counsel for IAG New Zealand Limited, the respondent in this matter, have now filed a joint memorandum as to costs dated 23 February 2017.

[4]      Having   considered   that   memorandum   it   is   now   confirmed   that   this proceeding is discontinued.

[5]      As to costs on the proceeding, Ms Sisson and IAG New Zealand Limited, have agreed that a costs order on a 2B basis is appropriate in this matter and can now

be made by consent.

SISSON v IAG NZ LIMITED [2017] NZHC 270 [27 February 2017]

[6]      That  said,  by  consent  an  order  is  made  that  Ms  Sisson  is  to  pay  IAG New Zealand Limited costs on this proceeding on a category 2B basis totalling

$39,025 together with disbursements, being a filing fee on the statement of defence of $110.

[7] Finally, for completeness I note a minor typographical error in my oral judgment given in this matter on 16 February 2017 at line 3 in para [1]. The date in that line reads 16 August 2016 when it should have read 16 February 2017. I apologise for this minor error.

...................................................

Gendall J

Solicitors:

Duncan Cotterill & Co, Auckland

Copy to Ms Sisson

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