GIBSON V DENTAL COUNCIL CA CA902/2010
The applicant failed to establish any of the requisite grounds (extreme prejudice, material error of law or fact, creditor prejudice, or that suspension was required in the interests of justice) for suspending the adjudication pending appeal; accordingly the application is dismissed and costs awarded to the respondent.
Source-derived case information.
- Citation
- openlaw-79cc63dd_34b1_4f48_9c53_918973a69fcb.pdf
- Parties
- Applicant: Neville James Gibson; Respondent: Dental Council
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 15 February 2011
- Procedural Posture
- Appeal Against High Court Adjudication Under Insolvency Act 2006 / Interlocutory Application for Suspension/stay Pending Appeal
- Outcome
- Application dismissed. Costs awarded to respondent.
- Legal Topics
- Stay Pending Appeal, Adjudication Order, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Neville James Gibson
Applicant
Dental Council
Respondent
Procedural Posture
Appeal Against High Court Adjudication Under Insolvency Act 2006 / Interlocutory Application for Suspension/stay Pending Appeal
Legal Issues
- 1 Whether the adjudication order should be suspended pending appeal
- 2 Whether applicant established extreme prejudice if stay refused
- 3 Whether Lang J made material errors of law or fact
Ratio Decidendi
The applicant failed to establish any of the requisite grounds (extreme prejudice, material error of law or fact, creditor prejudice, or that suspension was required in the interests of justice) for suspending the adjudication pending appeal; accordingly the application is dismissed and costs awarded to the respondent.
Court Disposition
Application dismissed. Costs awarded to respondent.
Orders
- Application dismissed.
- Applicant to pay costs to the respondent for a standard appeal on a band A basis with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
GIBSON V DENTAL COUNCIL CA CA902/2010 15 February 2011IN THE COURT OF APPEAL OF NEW ZEALANDCA902/2010[2011] NZCA 16BETWEEN NEVILLE JAMES GIBSONApplicantAND DENTAL COUNCILRespondentHearing: 15 February 2011Court: Glazebrook, Arnold and Harrison JJCounsel: No appearance for AppellantH Wilison for RespondentJudgment: 15 February 2011ORAL JUDGMENT OF THE COURTA The application is dismissed.B The applicant is to pay costs to the respondent for a standard appeal on a band A basis with usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Harrison J)[1] Mr Neville Gibson has applied for an order suspending an order adjudicating him bankrupt made by Lang J in the High Court in Auckland on 24 November 2010.1 His application is sought pending an appeal against the substantive adjudication order.21 Re Gibson, ex parte Dental Council HC Auckland CIV-2010-404-6412, 24 November 2010.2 Insolvency Act 2006, s 416.[2] The application was set down for hearing before us at 3.30 pm today. We are satisfied that Mr Gibson had notice of the fixture. He forewarned of his possible inability to be present because he would be overseas.[3] In the circumstances we consider it appropriate to determine the application on the papers in Mr Gibson's absence. He advances his application on a number of grounds. In particular he says that he would suffer extreme prejudice if the adjudication order is not suspended; that Lang J made errors of law and fact material to the decision to adjudicate; that his creditors would suffer extreme prejudice; that it is in the interests of justice that the order is made; and finally that there is no prejudice to the Dental Council.[4] We have considered all these grounds. We note that Mr Gibson has not filed a synopsis of submissions in support. However, we have derived benefit from the synopsis of submissions filed in opposition by Mr Wilson for the Dental Council. We agree with Mr Wilson that Mr Gibson has failed to establish any of the grounds advanced in support of his application.[5] In the circumstances, we dismiss Mr Gibson's application. The DentalCouncil is entitled to costs for a standard appeal on a band A basis with usual disbursements.Solicitors:Kensington Swan, Wellington for Respondent