HART V ANZ BANK NEW ZEALAND LIMITED COA CA858/2012
Leave was granted to the respondent to apply to strike out the appeal and the Court struck out the appeal; the appellant was ordered to pay the respondent's costs for the standard application limited to the allocation for the appearance of counsel on a band A basis and usual disbursements, with certification for one...
Source-derived case information.
- Citation
- COA CA858/2012
- Parties
- Appellant: Barry John Hart; Respondent: ANZ Bank New Zealand Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 February 2013
- Procedural Posture
- Appeal (civil) / Strike Out Application in the Court of Appeal
- Outcome
- Appeal struck out.
- Legal Topics
- Strike Out, Costs, Leave to Apply to Strike Out
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barry John Hart
Appellant
ANZ Bank New Zealand Limited
Respondent
Procedural Posture
Appeal (civil) / Strike Out Application in the Court of Appeal
Legal Issues
- 1 Whether respondent should be granted leave to apply to strike out the appeal
- 2 Whether the appeal should be struck out
- 3 Entitlement to costs for the strike out application
Ratio Decidendi
Leave was granted to the respondent to apply to strike out the appeal and the Court struck out the appeal; the appellant was ordered to pay the respondent's costs for the standard application limited to the allocation for the appearance of counsel on a band A basis and usual disbursements, with certification for one counsel.
Court Disposition
Appeal struck out.
Orders
- Leave is granted to the respondent to apply to strike out the appeal.
- The appeal is struck out.
Full Case Text
Judgment text and source record
1 paragraphs
HART V ANZ BANK NEW ZEALAND LIMITED COA CA858/2012 [13 February 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA858/2012[2013] NZCA 10BETWEEN BARRY JOHN HARTAppellantAND ANZ BANK NEW ZEALAND LIMITEDRespondentHearing: 13 February 2013Court: O'Regan P, Arnold and Harrison JJCounsel: D Murray for AppellantL A O'Gorman and A L Williams for RespondentJudgment: 13 February 2013JUDGMENT OF THE COURTA Leave is granted to the respondent to apply to strike out the appeal.B The appeal is struck out.C The appellant must pay the respondent costs for a standard application (but limited to the allocation for the appearance of counsel) on a band A basis and usual disbursements. We certify for one counsel.[Reasons to follow]Solicitors:Buddle Findlay, Auckland for Respondent