RICHARD LINCOLN v NEW ZEALAND LAW SOCIETY [2020] NZSC 4
The application for an extension of time is dismissed because no adequate excuse for the lateness was provided and the statutory criteria for leave under s 74 are not met: the issues do not raise points of principle, there is no real risk of miscarriage of justice in the civil sense, and there are concurrent factual...
Source-derived case information.
- Citation
- [2020] NZSC 4
- Parties
- Applicant: Richard Lincoln; Respondent: New Zealand Law Society
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 February 2020
- Procedural Posture
- Application for Extension of Time to File Application for Leave to Appeal Against Refusal of Admission / Supreme Court (application for Leave and Extension)
- Outcome
- Application for extension of time to file application for leave to appeal dismissed; costs awarded to respondent
- Legal Topics
- Extension of Time, Leave to Appeal, Character Requirements for Admission, Miscarriage of Justice, Concurrent Findings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Lincoln
Applicant
New Zealand Law Society
Respondent
Procedural Posture
Application for Extension of Time to File Application for Leave to Appeal Against Refusal of Admission / Supreme Court (application for Leave and Extension)
Legal Issues
- 1 Whether an extension of time should be granted to file an application for leave to appeal
- 2 Whether the criteria for leave to appeal under Senior Courts Act 2016 s 74 are satisfied
- 3 Whether there is a real risk of miscarriage of justice in the civil context sufficient to justify leave
Ratio Decidendi
The application for an extension of time is dismissed because no adequate excuse for the lateness was provided and the statutory criteria for leave under s 74 are not met: the issues do not raise points of principle, there is no real risk of miscarriage of justice in the civil sense, and there are concurrent factual findings below supporting the decision.
Court Disposition
Application for extension of time to file application for leave to appeal dismissed; costs awarded to respondent
Orders
- The application for an extension of time to file an application for leave to appeal is dismissed.
- The applicant must pay costs of $2,500 to the respondent.
Full Case Text
Judgment text and source record
1 paragraphs
RICHARD LINCOLN v NEW ZEALAND LAW SOCIETY [2020] NZSC 4 [14 February 2020]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 132/2019[2020] NZSC 4BETWEEN RICHARD LINCOLNApplicantAND NEW ZEALAND LAW SOCIETYRespondentCourt: Winkelmann CJ, Glazebrook and O'Regan JJCounsel: Applicant in PersonP N Collins for RespondentJudgment: 14 February 2020JUDGMENT OF THE COURTA The application for an extension of time to file anapplication for leave to appeal is dismissed.B The applicant must pay costs of $2,500 to the respondent.____________________________________________________________________REASONSIntroduction[1] Mr Lincoln applies for leave to appeal against a decision of the Court ofAppeal1 dismissing his appeal against a High Court decision of 23 November 2018, inwhich Dunningham J held that Mr Lincoln does not satisfy the character requirementsto be admitted as a barrister and solicitor of the High Court of New Zealand.21 Lincoln v New Zealand Law Society [2019] NZCA 442 (Collins, Wylie and Ellis JJ).2 Lincoln v New Zealand Law Society [2018] NZHC 3050 (Dunningham J) at [76].[2] Mr Lincoln's application for leave to appeal to this Court is some two monthsout of time. His application for an extension of time is opposed by the respondent.Our assessment[3] No adequate excuse has been provided for the late filing of this application forleave to appeal.[4] In any event, we do not consider the criteria for leave are met.3 The decisionsbelow do not raise any issues of principle. They are based on the particular facts.We do not consider there is any risk of a miscarriage of justice.4 There are concurrentfindings in the Courts below and nothing raised by Mr Lincoln suggests that theconclusion reached by those Courts may have been in error.Result[5] Mr Lincoln's application for an extension of time to file his application forleave to appeal is dismissed.[6] The applicant must pay costs of $2,500 to the respondent.Solicitors:New Zealand Law Society, Wellington for Respondent3 Senior Courts Act 2016, s 74.4 In the sense required in civil cases. See Junior Farms Ltd v Hampton Securities Ltd (in liq) [2006]NZSC 60, (2006) 18 PRNZ 369 at [4]–[5]; and Shell (Petroleum Mining) Co Ltd v Todd PetroleumMining Co Ltd [2008] NZSC 26, (2008) 18 PRNZ 855 at [4].