DOVEY PLACE DEVELOPMENTS LTD V RIDER LEVETT BUCKNALL AUCKLAND LTD CA CA583/2008
The Court lacks jurisdiction to entertain an appeal from an Associate Judge's strike-out decision; such decisions must be challenged by review in the High Court, therefore the purported appeal is struck out for want of jurisdiction.
Source-derived case information.
- Citation
- openlaw-5e906322_f4d0_4efe_832d_04bc0bef64de.pdf
- Parties
- Appellant: Dovey Place Developments Limited (in liquidation); Respondent: Rider Levett Bucknall Auckland Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 7 April 2009
- Procedural Posture
- Appeal / Appeal Against Associate Judge's Strike Out Order; Struck Out for Want of Jurisdiction
- Outcome
- Appeal struck out for want of jurisdiction
- Legal Topics
- Strike Out, Appealability, Judicial Review, Leave Out of Time, Standing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dovey Place Developments Limited (in liquidation)
Appellant
Rider Levett Bucknall Auckland Limited
Respondent
Procedural Posture
Appeal / Appeal Against Associate Judge's Strike Out Order; Struck Out for Want of Jurisdiction
Legal Issues
- 1 Whether an Associate Judge's strike-out decision is appealable to the Court of Appeal
- 2 Proper procedural remedy for challenging an Associate Judge's strike-out decision
- 3 Whether appellant had standing to act for a company in liquidation given appellant's bankruptcy status
Ratio Decidendi
The Court lacks jurisdiction to entertain an appeal from an Associate Judge's strike-out decision; such decisions must be challenged by review in the High Court, therefore the purported appeal is struck out for want of jurisdiction.
Court Disposition
Appeal struck out for want of jurisdiction
Orders
- The appeal is struck out for want of jurisdiction.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
DOVEY PLACE DEVELOPMENTS LTD V RIDER LEVETT BUCKNALL AUCKLAND LTD CA CA583/2008 7 April 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA583/2008 [2009] NZCA 133BETWEEN DOVEY PLACE DEVELOPMENTS LIMITED (IN LIQUIDATION) Appellant AND RIDER LEVETT BUCKNALL AUCKLAND LIMITED Respondent Hearing: 7 April 2009 Court: Chambers, Arnold and Baragwanath JJ Counsel: C G S Nisbet in Person G D Wadsworth for Respondent Judgment: 7 April 2009JUDGMENT OF THE COURT A The appeal is struck out for want of jurisdiction. B No order as to costs. REASONS OF THE COURT(Given by Chambers J) [1] Mr Nisbet has purported to bring to this court an appeal against an order striking out his proceeding in the High Court. That order striking out his proceeding was made by an Associate Judge. It is well established that Associate Judges' decisions on strike-out applications are not appealable to this court but are dealt with on review by the High Court: see ss 26J and 26P of the Judicature Act 1908 andNew Zealand Defence Force v Berryman [2008] NZCA 392 at [4] and Vero Liability Insurance Limited v Symphony Group Limited and others [2008] NZCA 419 at [3].[2] Mr Wadsworth, for Rider Levett Bucknall Auckland Limited, the respondent, had not appreciated this jurisdictional problem. He had applied to strike-out the proceedings on other grounds. We do not need to get into those as we are satisfied that this court lacks jurisdiction to deal with the matter. [3] Accordingly, if Mr Nisbet is to take this matter further he would need to apply for leave out of time to review the Associate Judge's decision in the High Court. Nothing in this judgment is to be taken as encouragement for that step. We express no view at all as to whether Mr Nisbet is entitled to be acting on behalf of Dovey Place Developments Limited (in liquidation). All we are saying is that this court does not have jurisdiction to entertain his purported appeal. [4] In the circumstances of the company being in liquidation, and Mr Nisbet being a bankrupt, there will be no order as to costs.Solicitors: Kennedys, Auckland, for Respondent