BURMEISTER V O'BRIEN AND ORS HC TAU CIV 2005-470-396

BURMEISTER V O'BRIEN AND ORS HC TAU CIV 2005-470-396

Transfer to the Auckland registry is refused to prevent registry shopping; the matter is to remain in the Rotorua Registry and any application for enlargement of time will be dealt with together with any review application with specified filing timetables and a telephone conference to review progress.

Source-derived case information.

Citation
openlaw-21a5a2a7_d3f1_4f94_af64_01b5c2ff9300.pdf
Parties
Plaintiffs: Kenneth Sidney Burmeister and Valerie Joan Burmeister; First Defendant: John Leslie O'Brien; Second Defendant: Gillian Sandra O'Brien; Third Defendant: Patricia Elizabeth Patterson; Fourth Defendant: Geoffrey Peter Clayton; Fifth Defendant: John Frederick Clayton; Sixth Defendant: Mark Henley-Smith; Seventh Defendant (mortgagee): ASB Bank Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 March 2007
Procedural Posture
Application for Enlargement of Time to Apply for Review/appeal Following Striking Out of Defendant / Interlocutory Directions Hearing (pre Hearing)
Outcome
Application to transfer registry declined; matter to remain in Rotorua; timelines and directions set for any review application and opposition; telephone conference scheduled to review progress.
Legal Topics
Extension of Time, Transfer of Registry, Strike Out, Power of Sale, Case Management
Civil Procedure Mortgage Law Equity Appeal/review Extension of Time Transfer of Registry Strike Out Power of Sale +1 more

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Parties

Kenneth Sidney Burmeister and Valerie Joan Burmeister

Plaintiffs

John Leslie O'Brien

First Defendant

Gillian Sandra O'Brien

Second Defendant

Patricia Elizabeth Patterson

Third Defendant

Geoffrey Peter Clayton

Fourth Defendant

John Frederick Clayton

Fifth Defendant

Mark Henley-Smith

Sixth Defendant

ASB Bank Limited

Seventh Defendant (mortgagee)

Procedural Posture

Application for Enlargement of Time to Apply for Review/appeal Following Striking Out of Defendant / Interlocutory Directions Hearing (pre Hearing)

Legal Issues

  1. 1 Whether to grant enlargement of time to file an application for review/appeal
  2. 2 Whether to transfer the proceeding from Rotorua to Auckland registry
  3. 3 Whether delay prejudices the mortgagee and justifies expedited transfer

Ratio Decidendi

Transfer to the Auckland registry is refused to prevent registry shopping; the matter is to remain in the Rotorua Registry and any application for enlargement of time will be dealt with together with any review application with specified filing timetables and a telephone conference to review progress.

Court Disposition

Application to transfer registry declined; matter to remain in Rotorua; timelines and directions set for any review application and opposition; telephone conference scheduled to review progress.

Orders

  • Transfer to Auckland registry refused
  • If plaintiffs wish to proceed they must file and serve any application for review and supporting affidavits within 14 days of judgment release