ASTRAZENECA LIMITED V PHARMACEUTICAL MANAGEMENT AGENCY CA CA140/05
Special leave to file an out-of-time cross-appeal was granted because the respondent promptly applied once the solicitors' mistake (reliance on revoked rules) was discovered, there was no prejudice to the appellant and the appellant did not oppose the application.
Source-derived case information.
- Citation
- openlaw-4e7c6592_5dd3_4219_b934_ba7018e04687.pdf
- Parties
- Appellant: AstraZeneca Limited; Respondent: Pharmaceutical Management Agency
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 18 August 2005
- Procedural Posture
- Civil Appeal / Application for Special Leave to Cross Appeal (out of Time Filing)
- Outcome
- Special leave to cross-appeal granted
- Legal Topics
- Special Leave, Cross Appeal, Procedural Time Limits
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AstraZeneca Limited
Appellant
Pharmaceutical Management Agency
Respondent
Procedural Posture
Civil Appeal / Application for Special Leave to Cross Appeal (out of Time Filing)
Legal Issues
- 1 Whether special leave should be granted to permit an out-of-time cross-appeal
- 2 Whether the respondent's explanation (solicitors' reliance on revoked rules) justifies extension
- 3 Whether the appellant would suffer prejudice from granting leave
Ratio Decidendi
Special leave to file an out-of-time cross-appeal was granted because the respondent promptly applied once the solicitors' mistake (reliance on revoked rules) was discovered, there was no prejudice to the appellant and the appellant did not oppose the application.
Court Disposition
Special leave to cross-appeal granted
Orders
- Respondent granted special leave to file a cross-appeal on the basis described in its application for special leave dated 2 August 2005
Full Case Text
Judgment text and source record
1 paragraphs
ASTRAZENECA LIMITED V PHARMACEUTICAL MANAGEMENT AGENCY CA CA140/05 18 August 2005IN THE COURT OF APPEAL OF NEW ZEALAND CA140/05BETWEEN ASTRAZENECA LIMITED Appellant AND PHARMACEUTICAL MANAGEMENT AGENCY Respondent Court: Glazebrook, O'Regan and Robertson JJ Counsel: J Long and T P Mullins for Appellant M G Colson and R E Brown for Respondent Judgment: 18 August 2005 (On the papers)JUDGMENT OF THE COURT By consent we give leave to the respondent to cross-appeal on the basis described in its application for special leave dated 2 August 2005. REASONS(Given by O'Regan J) [1] The respondent seeks special leave to cross-appeal. It requires special leave because it did not file its cross-appeal in time. This occurred because its solicitors mistakenly thought that the timeframe for filing a cross-appeal was that set out in the Court of Appeal (Civil) Rules 2001, which were revoked on 1 May 2005. The application was made as soon as the error was discovered, there is no prejudice to theappellant and the appellant has filed a memorandum advising that it does not oppose the application for special leave. We therefore give special leave.Solicitors: LeeSalmonLong, Auckland for Appellant Bell Gully, Auckland for Respondent