Sisson v IAG New Zealand Limited

[2015] NZHC 1870

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2013-409-989 [2015] NZHC 1870

BETWEEN

THERESE ANNE SISSON

Plaintiff

AND

IAG NEW ZEALAND LIMITED Defendant

In Chambers:	On papers
Judgment:	10 August 2015

JUDGMENT OF THE HON JUSTICE KÓS

[1]      Ms Sisson owned a house at 854 Colombo Street, Christchurch.   It was demolished following the February 2011 earthquake.  Ms Sisson lodged two claims against IAG relating to damage suffered in the September 2010 and February 2011 earthquakes.  EQC and IAG later paid Ms Sisson $840,000 (including GST) together with additional fees and costs of $98,264.

[2]      These proceedings were filed in May 2013.  A further $498,000 was claimed. In  March  2014 Associate  Judge  Osborne  resolved  some  contested  interlocutory applications.  He ordered further and better particulars and discovery, and security for costs, against Ms Sisson.

[3]      Those  orders  were  not  complied  with.    On  19  June  2014  I  stayed  the proceeding indefinitely until Ms Sissons complied in full.  On 20 July 2015 Wylie J ordered that unless the orders were complied by 31 July 2015 the proceeding would be struck out.

[4]      That date has passed.   There has not been compliance.   The proceeding is struck out.

SISSON v IAG NEW ZEALAND LIMITED [2015] NZHC 1870 [10 August 2015]

[5]      The  defendant  may  apply  for  costs  by  filing  a  memorandum  within  10 working days.

Stephen Kós J

Solicitors:

Grant Shand, Christchurch for Plaintiff
Fortune Manning, Christchurch for Defendant