Sisson v IAG New Zealand Limited

[2017] NZHC 182

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-0000453 [2017] NZHC 182

BETWEEN

THERESE ANNE SISSON

Applicant

AND

IAG NEW ZEALAND LIMITED Respondent

Hearing:	13-16 February 2017
Appearances:	Applicant Appears In Person M Mitchell for IAG
Judgment:	16 February 2017

ORAL JUDGMENT OF GENDALL J

[1]      This proceeding CIV-2016-409-453, along with related proceedings, was the subject of a hearing which commenced on Monday 13 February last.  It is now the fourth day of this hearing, 16 August 2016.   This proceeding CIV-2016-409-453 brought by Ms Sisson against IAG New Zealand Limited effectively deals with similar  matters  which  were  the  subject  of  a  related  proceeding  in  this  Court, CIV-2016-409-40.

[2]      Earlier today, 16 February 2017, all parties involved in proceeding CIV-2016-

409-40  filed a consent  memorandum  in  this  Court  requesting that  judgment  by consent be entered in favour of the plaintiff in that proceeding, Chesterfields Preschools Limited (In Liquidation). That occurred.

[3]      Effectively, therefore, Ms Sisson the applicant in this proceeding -453 has accepted that her claim in this proceeding has fallen away and she has indicated this

morning that she intends to file a discontinuance of that proceeding.

SISSON v IAG NEW ZEALAND LIMITED [2017] NZHC 182 [16 February 2017]

[4]      Leave is granted therefore to the applicant Ms Sisson to discontinue this proceeding, CIV-2016-409-453.

[5]      As  I understand  it,  a  written  discontinuance  is  to  be  made  available  by

Ms Sisson to the Court this morning.

[6]      So far as costs on this proceeding and the discontinuance are concerned, I

now make the following directions at the request of counsel for IAG and Ms Sisson:

(a)      By  24  February  2017  counsel  for  IAG  are  to  file  and  serve submissions in support of IAG's application for costs in this proceeding.

(b)By 10 March 2017 Ms Sisson the applicant in this proceeding is to file and serve her submissions on costs in response.

(c)      By 17 March 2017 counsel for IAG is to file and serve any reply submissions she may wish to file.

(d)The Registrar is directed to liaise with counsel for IAG and Ms Sisson to set down for hearing this costs issue.  Up to half a day is allowed at the first available and suitable date. This hearing is to be before me.

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

Gendall J

Solicitors:

Lane Neave, Christchurch

Phillip Shamy, Christchurch
Meredith Connell, Christchurch

Copy to Ms Sisson