ANZA DISTRIBUTING NEW ZEALAND LIMITED V USG INTERIORS PACIFIC LIMITED CA CA266/2008
The application to bring an appeal out of time was dismissed because the purported applicants lacked authority to bring proceedings in ANZA's name and the Court's prior decision declining an extension of time in the related proceedings made granting relief inappropriate.
Source-derived case information.
- Citation
- openlaw-3edb4d9a_43b2_44ff_911f_77563a14d0e1.pdf
- Parties
- Appellant: ANZA Distributing New Zealand Limited; Respondent: USG Interiors Pacific Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 4 September 2009
- Procedural Posture
- Civil Appeal (court of Appeal) / Application to Bring an Appeal Out of Time; Dismissed
- Outcome
- Application to bring an appeal out of time dismissed.
- Legal Topics
- Extension of Time to Appeal, Authority to Bring Proceedings in Corporate Name, Dismissal for Lack of Standing/authority
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANZA Distributing New Zealand Limited
Appellant
USG Interiors Pacific Limited
Respondent
Procedural Posture
Civil Appeal (court of Appeal) / Application to Bring an Appeal Out of Time; Dismissed
Legal Issues
- 1 Whether an extension of time to bring an appeal should be granted
- 2 Whether Mr and Mrs Misbin had authority to bring proceedings in the name of ANZA
- 3 Whether the Court's earlier decision in H A Misbin and J H Misbin v USG Interiors Pacific Ltd precluded granting an extension
Ratio Decidendi
The application to bring an appeal out of time was dismissed because the purported applicants lacked authority to bring proceedings in ANZA's name and the Court's prior decision declining an extension of time in the related proceedings made granting relief inappropriate.
Court Disposition
Application to bring an appeal out of time dismissed.
Orders
- The application to bring an appeal out of time is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
ANZA DISTRIBUTING NEW ZEALAND LIMITED V USG INTERIORS PACIFIC LIMITED CA CA266/2008 4 September 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA266/2008 [2009] NZCA 391BETWEEN ANZA DISTRIBUTING NEW ZEALAND LIMITED Appellant AND USG INTERIORS PACIFIC LIMITED Respondent Court: Glazebrook, Robertson and Ellen France JJ Counsel: E Orlov and N Adjei for Appellant M R Crotty and G A Lawery for Respondent Judgment: 4 September 2009 at 10.00 am (On the Papers)JUDGMENT OF THE COURT The application to bring an appeal out of time is dismissed.____________________________________________________________________REASONS OF THE COURT(Given by Glazebrook J) [1] We refer to the Court's minute of 26 August 2009. In that minute we referred to Mr and Mrs Misbin's application (purportedly on behalf of ANZA) to bring an appeal out of time against Associate Judge Robinson's decision of 12 March 2008.[2] We also referred to counsel's letter of 19 June 2009 and accompanying memorandum which acknowledged that their clients (Mr and Mrs Misbin) do not have the authority to bring proceedings in the name of ANZA and asking for an adjournment until High Court applications to bring proceedings in the name of ANZA were decided. [3] We expressed the view that, given our decision in H A Misbin and J H Misbin v USG Interiors Pacific Ltd [2009] NZCA 379 declining an extension of time to appeal against Cooper J's decision of 3 November 2008, the application with regard to Associate Judge Robinson's judgment must also be declined. [4] We gave counsel the opportunity to file a memorandum setting out any reasons why the application should not be dismissed. [5] Counsel were told that, if no memorandum was received from Mr and Mrs Misbin by 5.00 pm on Tuesday 1 September 2009, the application would be dismissed. No memorandum has been received and the application is dismissed accordingly.Solicitors: Botany Law, Auckland for Appellants Russell McVeagh, Auckland for Respondent