JOHNSON v JOHNSON [2021] NZHC 2872

JOHNSON v JOHNSON [2021] NZHC 2872

Leave to appeal was declined because the applicant failed to identify an arguable error of law or fact, remote participation by VMR was practicable given affidavits, an electronic searchable bundle and courtroom VMR facilities, public health risks from cross-alert travel were material, and the high threshold for interlocutory leave and interests of justice did not justify further delay to the fixture.

Citation
[2021] NZHC 2872
Parties
Plaintiff (trustee of the Abel Trust): Bryan Ewart Johnson; Plaintiff (trustee of the Abel Trust): David Houghton Wale; Plaintiff (trustee of the Abel Trust): Christopher Dan W Williams; First Defendant / Plaintiff / Respondent: Craig Bryan Johnson; First Defendant / Plaintiff / Applicant: Maria Bernadette Johnson; Second Defendant / Third Defendant: Little School Limited; Third Defendant / Fourth Defendant: Johnson Preschool Limited; First Defendant: Life Learning Aotearoa Limited; Second Defendant (trust): C B and M B Johnson Family Trust; Trustee (of C B and M B Johnson Family Trust): Grant Maitland Richardson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 October 2021
Procedural Posture
Interlocutory Application for Leave to Appeal Against Order as to Mode of Trial / Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal declined
Legal Topics
Mode of Trial, Leave to Appeal, Remote Hearings / VMR, Adjournment, Cross Alert Level Travel Restrictions
Civil Procedure Trusts Public Health Law (covid 19) Appeal Law Mode of Trial Leave to Appeal Remote Hearings / VMR Adjournment +1 more

Case Brief

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Parties

Bryan Ewart Johnson

Plaintiff (trustee of the Abel Trust)

David Houghton Wale

Plaintiff (trustee of the Abel Trust)

Christopher Dan W Williams

Plaintiff (trustee of the Abel Trust)

Craig Bryan Johnson

First Defendant / Plaintiff / Respondent

Maria Bernadette Johnson

First Defendant / Plaintiff / Applicant

Little School Limited

Second Defendant / Third Defendant

Johnson Preschool Limited

Third Defendant / Fourth Defendant

Life Learning Aotearoa Limited

First Defendant

C B and M B Johnson Family Trust

Second Defendant (trust)

Grant Maitland Richardson

Trustee (of C B and M B Johnson Family Trust)

Procedural Posture

Interlocutory Application for Leave to Appeal Against Order as to Mode of Trial / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether counsel should be authorised to travel across COVID-19 alert-level boundary to attend trial in person
  2. 2 Whether remote participation by VMR was practicable and fair in the circumstances
  3. 3 Whether the applicant identified an arguable error of law or fact warranting leave to appeal and further delay

Ratio Decidendi

Leave to appeal was declined because the applicant failed to identify an arguable error of law or fact, remote participation by VMR was practicable given affidavits, an electronic searchable bundle and courtroom VMR facilities, public health risks from cross-alert travel were material, and the high threshold for interlocutory leave and interests of justice did not justify further delay to the fixture.

Court Disposition

Application for leave to appeal declined

Orders

  • Application for leave to appeal dismissed
  • Mode of trial to proceed with in-person attendance by local parties and remote participation by counsel via VMR as directed