NOTTINGHAM v PRENTICE [2018] NZCA 461
The Court lacks jurisdiction to entertain the application whether it is characterised as an appeal against the High Court's refusal to grant an extension of time under s298(4) or as an appeal against the High Court's refusal to grant leave to appeal; accordingly the application for leave to appeal is declined.
Source-derived case information.
- Citation
- [2018] NZCA 461
- Parties
- Applicant: Dermot Gregory Nottingham; First Respondent: Kelvin Lynn Prentice; Second Respondent: APN News & Media Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 29 October 2018
- Procedural Posture
- Application for Leave to Appeal to the Court of Appeal / Leave Application (on the Papers) From High Court Decision Refusing Extension Under S298(4) Criminal Procedure Act 2011
- Outcome
- Application for leave to appeal declined.
- Legal Topics
- Extension of Time, Leave to Appeal, Jurisdiction of Appellate Courts, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dermot Gregory Nottingham
Applicant
Kelvin Lynn Prentice
First Respondent
APN News & Media Limited
Second Respondent
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Leave Application (on the Papers) From High Court Decision Refusing Extension Under S298(4) Criminal Procedure Act 2011
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear an appeal from the High Court decision refusing an extension of time under s298(4) Criminal Procedure Act 2011
- 2 Whether the application is properly characterised as an appeal against Wylie J's decision declining an extension of time or as an appeal against a decision declining leave to appeal
Ratio Decidendi
The Court lacks jurisdiction to entertain the application whether it is characterised as an appeal against the High Court's refusal to grant an extension of time under s298(4) or as an appeal against the High Court's refusal to grant leave to appeal; accordingly the application for leave to appeal is declined.
Court Disposition
Application for leave to appeal declined.
Orders
- Application for leave to appeal is declined.
Full Case Text
Judgment text and source record
1 paragraphs
NOTTINGHAM v PRENTICE [2018] NZCA 461 [29 October 2018]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA199/2018[2018] NZCA 461BETWEEN DERMOT GREGORY NOTTINGHAMApplicantAND KELVIN LYNN PRENTICEFirst RespondentAND APN NEWS & MEDIA LIMITEDSecond RespondentCourt: French, Simon France and Moore JJCounsel: Applicant in personN S Tabb for First RespondentA L Ringwood for Second RespondentJudgment:(On the papers)29 October 2018 at 11 amJUDGMENT OF THE COURTThe application for leave to appeal is declined.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] Mr Nottingham seeks leave to appeal a decision of Wylie J in the High Court.11 Nottingham v APN News & Media Ltd [2018] NZHC 596.[2] In the decision at issue, Wylie J declined to grant Mr Nottingham an extensionof time under s 298(4) of the Criminal Procedure Act 2011 to apply for leave to appealtwo rulings and a costs judgment issued by Judge Collins in the District Court.2[3] For the reasons articulated in the decision of this Court in two otherproceedings also involving Mr Nottingham,3 we are satisfied we do not havejurisdiction to entertain Mr Nottingham's application. That is so whether it ischaracterised as an application for leave to appeal Wylie J's decision declining to grantan extension of time, or an application for leave to appeal Wylie J's decision decliningto grant leave to appeal.[4] The application for leave to appeal is accordingly declined.Solicitors:Bell Gully, Auckland for Second Respondent2 Nottingham v APN News and Media Ltd [2016] NZDC 11154; Nottingham v APN News and MediaLtd [2016] NZDC 11198; and Nottingham v Prentice [2017] NZDC 18603.3 Nottingham v District Court at Auckland [2018] NZCA 345 at [15]–[23] and [27]–[32].