SFM INVESTMENTS LIMITED V MILLBROOK COUNTRY CLUB LIMITED COA CA42/2010
The appeals were abandoned; the appellants must file a formal notice of abandonment forthwith and, by consent, jointly and severally pay the respondent's costs as for a standard one day appeal on a Band A basis with usual disbursements.
Source-derived case information.
- Citation
- openlaw-6ba65ad4_d853_4a4e_815f_30c7f54ebf6f.pdf
- Parties
- First Appellant: SFM INVESTMENTS LIMITED; Second Appellant: G A Muir; Respondent: Millbrook Country Club Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 May 2011
- Procedural Posture
- Appeal / Judgment Following Hearing; Abandonment of Appeal
- Outcome
- Appeals abandoned; formal notice of abandonment to be filed; appellants to pay respondent's costs.
- Legal Topics
- Abandonment of Appeal, Costs on Appeal, Formal Notice Requirement
Source-derived case record
Summary, issues, holding and outcome
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Parties
SFM INVESTMENTS LIMITED
First Appellant
G A Muir
Second Appellant
Millbrook Country Club Limited
Respondent
Procedural Posture
Appeal / Judgment Following Hearing; Abandonment of Appeal
Legal Issues
- 1 Whether appellants have abandoned their appeals
- 2 Whether respondent is entitled to costs and on what basis
- 3 Requirement for formal notice of abandonment
Ratio Decidendi
The appeals were abandoned; the appellants must file a formal notice of abandonment forthwith and, by consent, jointly and severally pay the respondent's costs as for a standard one day appeal on a Band A basis with usual disbursements.
Court Disposition
Appeals abandoned; formal notice of abandonment to be filed; appellants to pay respondent's costs.
Orders
- Appellants to file forthwith a formal notice of abandonment of their appeals to confirm the oral notice of abandonment given in court today.
- By consent, the appellants jointly and severally must pay costs to the respondent as for a standard one day appeal on a Band A basis with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
SFM INVESTMENTS LIMITED V MILLBROOK COUNTRY CLUB LIMITED COA CA42/2010 10 May 2011IN THE COURT OF APPEAL OF NEW ZEALANDCA42/2010[2011] NZCA 181BETWEEN SFM INVESTMENTS LIMITEDFirst AppellantAND G A MUIRSecond AppellantAND MILLBROOK COUNTRY CLUBLIMITEDRespondentHearing: 10 May 2011Court: O'Regan P, Arnold and Randerson JJCounsel: G A Muir for First AppellantSecond Appellant in PersonC Heaton for RespondentJudgment: 10 May 2011JUDGMENT OF THE COURTA The appellants are to file forthwith a formal notice of abandonment of their appeals to confirm the oral notice of abandonment given in court today.B By consent, the appellants jointly and severally must pay costs to the respondent as for a standard one day appeal on a Band A basis with usual disbursements.____________________________________________________________________Solicitors:Muir Law, Auckland for Appellants Morrison Kent, Wellington for Respondent.