RYAN v RYAN [2023] NZHC 3400

RYAN v RYAN [2023] NZHC 3400

The applicant failed to provide a sufficient explanation for a significant delay in filing the appeal; timely appeals are required by the Act and rules, and because an alternative remedy in the Family Court under ss 109–110 remained available, special leave to extend time was refused.

Citation
[2023] NZHC 3400
Parties
Applicant: John Ryan; Respondent: Mary Ryan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 November 2023
Procedural Posture
Application for Special Leave to Extend Time to Appeal Under the Family Violence Act 2018 / High Court Application for Extension of Time to File Appeal (interlocutory)
Outcome
Application for special leave to bring appeal out of time dismissed
Legal Topics
Protection Orders, Temporary Protection Order, Final Protection Order, Substituted Service, Leave to Extend Time, Service, Costs
Family Law Family Violence Civil Procedure Appeals Protection Orders Temporary Protection Order Final Protection Order Substituted Service +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

John Ryan

Applicant

Mary Ryan

Respondent

Procedural Posture

Application for Special Leave to Extend Time to Appeal Under the Family Violence Act 2018 / High Court Application for Extension of Time to File Appeal (interlocutory)

Legal Issues

  1. 1 Whether to grant special leave to extend time to appeal
  2. 2 Whether the applicant sufficiently explained the delay
  3. 3 Prejudice to respondent and public interest in finality and expedition under the Act

Ratio Decidendi

The applicant failed to provide a sufficient explanation for a significant delay in filing the appeal; timely appeals are required by the Act and rules, and because an alternative remedy in the Family Court under ss 109–110 remained available, special leave to extend time was refused.

Court Disposition

Application for special leave to bring appeal out of time dismissed

Orders

  • Application for special leave to bring appeal out of time dismissed
  • Respondent entitled to costs; preliminary assessment on a 2B basis