EASTON AGRICULTURE LTD V EVERLEIGH FARMING CO AND MANAWATU-WANGANUI REGIONAL COUNCIL COA CA659/2011
The court exercised its discretion under r29A and granted the extension of time because the respondent did not oppose the application, ordering that the notice of appeal be filed by 3 November 2011.
Source-derived case information.
- Citation
- COA CA659/2011
- Parties
- First Applicant: Easton Agriculture Limited; Second Applicant: Eveleigh Farming Company Limited (in receivership); Respondent: Manawatu-Wanganui Regional Council
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2011
- Procedural Posture
- Appeal / Application for Extension of Time Under R 29 a
- Outcome
- Extension of time granted
- Legal Topics
- Extension of Time, Leave to Appeal, Court of Appeal (civil) Rules 2005 R29 a
Source-derived case record
Summary, issues, holding and outcome
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Parties
Easton Agriculture Limited
First Applicant
Eveleigh Farming Company Limited (in receivership)
Second Applicant
Manawatu-Wanganui Regional Council
Respondent
Procedural Posture
Appeal / Application for Extension of Time Under R 29 a
Legal Issues
- 1 Whether to grant an extension of time to file a notice of appeal under r 29A of the Court of Appeal (Civil) Rules 2005
- 2 Whether the absence of opposition from the respondent warranted granting the extension
Ratio Decidendi
The court exercised its discretion under r29A and granted the extension of time because the respondent did not oppose the application, ordering that the notice of appeal be filed by 3 November 2011.
Court Disposition
Extension of time granted
Orders
- Extension of time to appeal granted
- Applicants to file notice of appeal by 3 November 2011
Full Case Text
Judgment text and source record
1 paragraphs
EASTON AGRICULTURE LTD V EVERLEIGH FARMING CO AND MANAWATU-WANGANUI REGIONAL COUNCIL COA CA659/2011 13 October 2011IN THE COURT OF APPEAL OF NEW ZEALANDCA659/2011[2011] NZCA 524BETWEEN EASTON AGRICULTURE LIMITEDFirst ApplicantAND EVELEIGH FARMING COMPANYLIMITED (IN RECEIVERSHIP)Second ApplicantAND MANAWATU-WANGANUI REGIONALCOUNCILRespondentCourt: Glazebrook, Arnold and Ellen France JJCounsel: M Dobson for First and Second ApplicantsD Heaney for RespondentJudgment: 13 October 2011 at 10:00 AMJUDGMENT OF THE COURTThe application for an extension of time in which to appeal is granted.REASONS OF THE COURT(Given by Glazebrook J)[1] The applicants have applied for an extension of time in which to appeal, under r 29A of the Court of Appeal (Civil) Rules 2005, against a judgment of the High Court delivered on 7 September 2011.1[2] The respondent does not oppose the application.[3] Accordingly, we grant the application for an extension of time. The applicants are required to file the notice of appeal by 3 November 2011.1 Easton Agriculture Ltd v Manawatu-Wanganui Regional Council HC Palmerston North CIV-2008-454-31, 7 September 2011.Solicitors:Wadham Goodman, Palmerston North for First and Second ApplicantsHeaney & Co, Auckland for Respondent