Thomas v Plateau Surveyors Limited

[2013] NZCA 46

IN THE COURT OF APPEAL OF NEW ZEALAND

CA299/2012
[2013] NZCA 46

BETWEEN  JENNIFER THOMAS
Appellant

AND  PLATEAU SURVEYORS LIMITED
Respondent

Court:             O'Regan P, Arnold and Miller JJ

Counsel:         A C Beck for Appellant
J C Corry for Respondent

Judgment:      6 March 2013 at 2.30 pm

JUDGMENT OF THE COURT

AThe appeal against the decision of the High Court on 30 April 2012 is allowed.

BThe default judgment entered against the appellant in the District Court on 6 December 2010 is set aside.

CThere is no order as to costs.

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REASONS OF THE COURT

(Given by O’Regan P)

1. The parties have advised the Court that they have reached a settlement of the matter and have asked us to make orders by consent reflecting the terms of the settlement.

2. We are satisfied that it is appropriate to do this in the circumstances of the case, particularly the fact that the judgment being set aside is a default judgment.

Solicitors:
Simpson & Co, Otaki for Respondent