AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2017] NZSC 8

AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2017] NZSC 8

The application for leave to appeal was dismissed because the proposed appeal lacked merit (the discovery complaints were without substance), the applicants were bankrupt and lacked standing to pursue the adjudication appeal, and the case raised no point of public or general importance nor any appearance of miscarriage of justice.

Citation
[2017] NZSC 8
Parties
First Applicant: Amanda Adele White; Second Applicant: Anne Leoline Emily Freeman; First Respondent: Christopher Maurice Lynch; Second Respondent: Stuart Gordon Spence
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
16 February 2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court (dismissed)
Outcome
Application for leave to appeal dismissed.
Legal Topics
Extension of Time, Security for Costs, Disqualification of Counsel, Collateral Challenge, Adjudication Orders, Leave to Appeal
Bankruptcy Civil Procedure Appeals Discovery Abuse of Process Extension of Time Security for Costs Disqualification of Counsel +3 more

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Parties

Amanda Adele White

First Applicant

Anne Leoline Emily Freeman

Second Applicant

Christopher Maurice Lynch

First Respondent

Stuart Gordon Spence

Second Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court (dismissed)

Legal Issues

  1. 1 Whether extension of time should be granted to file a case on appeal and seek a hearing date
  2. 2 Whether Mr Peter Wright should be prevented from acting as counsel for the respondents
  3. 3 Whether the discovery complaints against Mr Spence and his counsel had substance

Ratio Decidendi

The application for leave to appeal was dismissed because the proposed appeal lacked merit (the discovery complaints were without substance), the applicants were bankrupt and lacked standing to pursue the adjudication appeal, and the case raised no point of public or general importance nor any appearance of miscarriage of justice.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal dismissed.
  • No order for costs.