AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) & ORS v CRONE & ANOR CA413/2013 [2013] NZCA 538
The extension was granted because the appellants filed their notice of appeal within time, were otherwise diligent, the delay resulted from an oversight of a rules amendment, the respondents consented and would not be prejudiced, and the appeal was ready to be set down for a two day fixture.
Source-derived case information.
- Citation
- [2013] NZCA 538
- Parties
- Appellant: AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION); Appellant: GRAEME WILLIAM MILLS AND KAREN ANN MILLS; Respondent: STEPHEN CRONE; Respondent: SCITUATE LIMITED
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 4 November 2013
- Procedural Posture
- Appeal / Application for Extension of Time Under R 43(3) Court of Appeal (civil) Rules 2005
- Outcome
- Extension of time granted by consent
- Legal Topics
- Extension of Time, Fixture Application, Court of Appeal (civil) Rules 2005, Consent to Extension
Source-derived case record
Summary, issues, holding and outcome
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Parties
AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION)
Appellant
GRAEME WILLIAM MILLS AND KAREN ANN MILLS
Appellant
STEPHEN CRONE
Respondent
SCITUATE LIMITED
Respondent
Procedural Posture
Appeal / Application for Extension of Time Under R 43(3) Court of Appeal (civil) Rules 2005
Legal Issues
- 1 Whether to grant an extension of time to apply for a fixture under r 43(3) Court of Appeal (Civil) Rules 2005
- 2 Whether appellants acted diligently despite delay caused by oversight of a rules amendment
- 3 Whether respondents would be prejudiced by the extension
Ratio Decidendi
The extension was granted because the appellants filed their notice of appeal within time, were otherwise diligent, the delay resulted from an oversight of a rules amendment, the respondents consented and would not be prejudiced, and the appeal was ready to be set down for a two day fixture.
Court Disposition
Extension of time granted by consent
Orders
- Time for applying for a fixture extended until 8 November 2013
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) & ORS v CRONE & ANOR CA413/2013 [2013] NZCA 538 [4 November 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA413/2013[2013] NZCA 538BETWEEN AUTO SOUNDS AND ALARMSLIMITED (IN RECEIVERSHIP AND INLIQUIDATION)First AppellantGRAEME WILLIAM MILLS ANDKAREN ANN MILLSSecond AppellantsAND STEPHEN CRONEFirst RespondentSCITUATE LIMITEDSecond RespondentCounsel: P J Dale for AppellantsG Bogiatto for RespondentsJudgment:(On the papers)4 November 2013 at 12.00 pmJUDGMENT OF FRENCH JA The application for an extension of time is granted. The time for filing a fixture application is extended until 8 November 2013.B There will be no order as to costs.____________________________________________________________________REASONS[1] The appellants filed a notice of appeal on 24 June 2013.[2] Under r 43 of the Court of Appeal (Civil) Rules 2005, the appellants were required to take steps to apply for a fixture date by 24 September 2013. Unfortunately, counsel overlooked the recent amendment to the Rules and the requirement to make the application in question within three months rather than six months.[3] Accordingly it has now become necessary for the appellants to apply for an extension of time under r 43(3).[4] The respondents consent to the application for an extension of time.[5] I am satisfied that the matter may be dealt with on the papers and that in the circumstances the application should be granted. The appellants filed their case on appeal within time and in all other respects have been diligent in pursuing their appeal. The delay has not caused the respondents any prejudice. The appeal is ready to be set down for a two day fixture.[6] The time for applying for a fixture is accordingly extended by consent until 8 November 2013.[7] There will be no order for costs.Solicitors:Neilsons Lawyers Ltd, Auckland for Appellants