BATEMAN V NELSON YACHT CLUB INC HC NEL CIV-2011-442-142

BATEMAN V NELSON YACHT CLUB INC HC NEL CIV-2011-442-142

Extension of time refused because the applicant failed to provide a sufficient explanation for a delay of over five years and the allegations of judicial bias lacked any evidential foundation or logical connection under the Saxmere test, rendering the proposed grounds of appeal without merit.

Citation
openlaw-be768bd7_74fe_4cf6_adef_fcada64fd9cc.pdf
Parties
Intending Appellant: Kerry Bateman; Intended Respondent: Nelson Yacht Club Inc
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 May 2011
Procedural Posture
Application for Special Leave to Appeal and Extension of Time Under High Court Rules R 20.4 / Decision on the Papers Following Telephone Conference; Application Dismissed
Outcome
Application for extension of time to appeal and special leave refused
Legal Topics
Extension of Time, Reasonable Apprehension of Bias, Delay, Costs
Appeal Civil Procedure Judicial Bias Extension of Time Reasonable Apprehension of Bias Delay Costs

Case Brief

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Parties

Kerry Bateman

Intending Appellant

Nelson Yacht Club Inc

Intended Respondent

Procedural Posture

Application for Special Leave to Appeal and Extension of Time Under High Court Rules R 20.4 / Decision on the Papers Following Telephone Conference; Application Dismissed

Legal Issues

  1. 1 Whether an extension of time under High Court Rules r 20.4 should be granted
  2. 2 Whether the applicant has provided a sufficient explanation for a delay of over five years
  3. 3 Whether there was a reasonable apprehension of bias arising from Judge Tuohy’s prior association with a law firm

Ratio Decidendi

Extension of time refused because the applicant failed to provide a sufficient explanation for a delay of over five years and the allegations of judicial bias lacked any evidential foundation or logical connection under the Saxmere test, rendering the proposed grounds of appeal without merit.

Court Disposition

Application for extension of time to appeal and special leave refused

Orders

  • Extension of time to file appeal refused
  • Special leave to appeal refused