HAYWARD v THE COMMISSIONER OF POLICE CA464/2013 & CA468/2013 [2013] NZCA 478 [11 October 2013]
Extension granted because the delay was minimal (two days), there was a reasonable explanation (mistaken belief that email sufficed), no prejudice to the respondent, and the respondent consented, making it in the interests of justice to allow the extension.
Source-derived case information.
- Citation
- [2013] NZCA 478
- Parties
- Applicant: Mariana Natalia Cristea Hayward; Applicant: Jene Che Tewana Hayward; Respondent: The Commissioner of Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 11 October 2013
- Procedural Posture
- Application for Extension of Time to Appeal / Application on the Papers to the Court of Appeal
- Outcome
- Applications for extension of time granted; no order as to costs.
- Legal Topics
- Extension of Time, Filing Requirements, Court of Appeal (civil) Rules 2005
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mariana Natalia Cristea Hayward
Applicant
Jene Che Tewana Hayward
Applicant
The Commissioner of Police
Respondent
Procedural Posture
Application for Extension of Time to Appeal / Application on the Papers to the Court of Appeal
Legal Issues
- 1 Whether to grant an extension of time under r 29A of the Court of Appeal (Civil) Rules 2005
- 2 Whether notices of appeal were validly filed under r 31 of the Court of Appeal (Civil) Rules 2005
Ratio Decidendi
Extension granted because the delay was minimal (two days), there was a reasonable explanation (mistaken belief that email sufficed), no prejudice to the respondent, and the respondent consented, making it in the interests of justice to allow the extension.
Court Disposition
Applications for extension of time granted; no order as to costs.
Orders
- Extension of time to file notice of appeal granted.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
HAYWARD v THE COMMISSIONER OF POLICE CA464/2013 & CA468/2013 [2013] NZCA 478 [11 October 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA464/2013[2013] NZCA 478BETWEEN MARIANA NATALIA CRISTEAHAYWARDApplicantAND THE COMMISSIONER OF POLICERespondentCA468/2013AND BETWEEN JENE CHE TEWANA HAYWARDApplicantAND THE COMMISSIONER OF POLICERespondentCounsel: D R I Gay for ApplicantM R Harborow for RespondentJudgment:(On the papers)11 October 2013 at 10.00 amJUDGMENT OF FRENCH JA The applications for an extension of time to appeal are granted.B There will be no order as to costs.____________________________________________________________________REASONS[1] The applicants in both proceedings wish to appeal a decision of Venning J delivered in the High Court on 10 June 2013.1 The last day for filing a notice of1 The Commissioner of Police v Hayward [2013] NZHC 1358.appeal was 8 July 2013. The notices of appeal were sent by email to this Court on 8 July 2013, counsel being under the mistaken impression that this would suffice. However, r 31 of the Court of Appeal (Civil) Rules 2005 stipulates that an appeal is brought only when the notice of appeal is filed either by hand delivery to the Registry, or by mailing to the Court's postal address. The hard copies of the noticesof appeal in this case were posted to the Court but not received until 10 July 2013.[2] As soon as the error was drawn to counsel's attention, applications for anextension of time under r 29A were filed.[3] In the circumstances, the respondent consents to the applications being granted.[4] I am satisfied that the matter may be dealt with on the papers and that the applications should be granted. The delay was only two days, there is a reasonable explanation for the delay and there has been no prejudice to the respondent. It is in the interests of justice to grant the applications.[5] There will be no order as to costs.Solicitors:Craig Griffin & Lord, Auckland for ApplicantsCrown Solicitor, Auckland for Respondent