JANFERIE MAEVE ALMOND v BRUCE JAMES READ [2016] NZSC 145
The Supreme Court granted leave to appeal on the discrete question whether the Court of Appeal was correct to refuse an extension of time to appeal, granted an interlocutory stay of execution until further order, and directed an expedited half‑day hearing to determine the substantive interlocutory issues including...
Source-derived case information.
- Citation
- [2016] NZSC 145
- Parties
- Applicant: Janferie Maeve Almond; First Respondent: Bruce James Read; Second Respondent: Ethne Gladys Read; Third Respondent: Christopher John Read
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 November 2016
- Procedural Posture
- Application for Leave to Appeal / Leave Granted; Interlocutory Stay Granted; Expedited Hearing Scheduled
- Outcome
- Amended application for leave to appeal granted; approved question identified; stay of execution granted until further order; expedited hearing fixed.
- Legal Topics
- Leave to Appeal, Extension of Time to Appeal, Stay of Execution, Expedited Timetable
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janferie Maeve Almond
Applicant
Bruce James Read
First Respondent
Ethne Gladys Read
Second Respondent
Christopher John Read
Third Respondent
Procedural Posture
Application for Leave to Appeal / Leave Granted; Interlocutory Stay Granted; Expedited Hearing Scheduled
Legal Issues
- 1 Whether the Court of Appeal was correct to refuse an extension of time to appeal
- 2 Whether the stay of execution should be continued and on what terms
- 3 Whether the appeal requires expedition
Ratio Decidendi
The Supreme Court granted leave to appeal on the discrete question whether the Court of Appeal was correct to refuse an extension of time to appeal, granted an interlocutory stay of execution until further order, and directed an expedited half‑day hearing to determine the substantive interlocutory issues including any terms of stay.
Court Disposition
Amended application for leave to appeal granted; approved question identified; stay of execution granted until further order; expedited hearing fixed.
Orders
- Amended application for leave to appeal is granted (Almond v Read [2016] NZCA 147)
- Approved question: whether the Court of Appeal was right to refuse the appellant's application for an extension of time to appeal
Full Case Text
Judgment text and source record
1 paragraphs
JANFERIE MAEVE ALMOND v BRUCE JAMES READ [2016] NZSC 145 [2 November 2016]IN THE SUPREME COURT OF NEW ZEALANDSC 98/2016[2016] NZSC 145BETWEEN JANFERIE MAEVE ALMONDApplicantAND BRUCE JAMES READFirst RespondentETHNE GLADYS READSecond RespondentCHRISTOPHER JOHN READThird RespondentHearingvia tele-conference:12 September 2016Court: Glazebrook, Arnold and Ellen France JJCounsel: S I Perese for ApplicantJ M Airey and G D Stringer for First RespondentN W Woods for Second and Third RespondentsJudgment: 2 November 2016JUDGMENT OF THE COURTA The amended application for leave to appeal is granted (Almond v Read [2016] NZCA 147).B The approved question is whether the Court of Appealwas right to refuse the appellant's application for anextension of time to appeal.____________________________________________________________________[1] Following a telephone hearing on 12 September 2016, we fixed a timetable for the filing of an amended application for leave to appeal and for the filing of submissions on the leave application. We also granted a stay of execution of the judgment of Thomas J until further order of the Court.[2] The respondents submit that the stay should be on terms. We will not determine that issue now. Rather, we will consider the question whether the stay should be continued, and if so, whether terms should be imposed, at the hearing of the appeal.[3] We consider that there should be an expedited hearing of the appeal. No more than half a day will be required. The Court hereby allocates a half day hearing on Monday 5 December 2016, commencing at 10 am.[4] There will need to be an abbreviated timetable for submissions. Theappellant's submissions and other materials are to be filed and served by 5 pm on Friday 18 November 2016 and the respondents' submissions by 5 pm on Thursday 1 December 2016.Solicitors:Law & Associates, Manukau for ApplicantInder Lynch, Auckland for First RespondentRice Craig, Auckland for Second and Third Respondents