ERWOOD V MAXTED AND MAXTED GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD SC 66/2010
Leave to appeal was granted to determine the discrete question whether the Court of Appeal acted incorrectly in striking out the appellant's appeal CA 567/07 when it struck out his appeal CA 631/07 for non-payment of security for costs ordered for CA 631/07.
Source-derived case information.
- Citation
- SC 66/2010
- Parties
- Appellant: Robert Erwood; Respondent: Janet Maxted and Alexander James Jeremy Glasgow as trustees of the Estate of Edward Erwood; Respondent: Official Assignee
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 November 2010
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Heard by the Supreme Court
- Outcome
- leave to appeal granted
- Legal Topics
- Leave to Appeal, Striking Out Appeals, Security for Costs, Procedural Discretion
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Erwood
Appellant
Janet Maxted and Alexander James Jeremy Glasgow as trustees of the Estate of Edward Erwood
Respondent
Official Assignee
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Heard by the Supreme Court
Legal Issues
- 1 Whether the Court of Appeal acted incorrectly in striking out the appellant's appeal CA 567/07 when it struck out his appeal in CA 631/07 for non-payment of security for costs ordered in respect of CA 631/07
Ratio Decidendi
Leave to appeal was granted to determine the discrete question whether the Court of Appeal acted incorrectly in striking out the appellant's appeal CA 567/07 when it struck out his appeal CA 631/07 for non-payment of security for costs ordered for CA 631/07.
Court Disposition
leave to appeal granted
Orders
- Application for leave to appeal is granted.
- Approved ground: whether the Court of Appeal acted incorrectly in striking out the appellant's appeal CA 567/07 when it struck out his appeal in CA 631/07 for non-payment of security for costs ordered in respect of CA 631/07.
Full Case Text
Judgment text and source record
1 paragraphs
ERWOOD V MAXTED AND MAXTED GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD SC 66/2010 30 November 2010IN THE SUPREME COURT OF NEW ZEALAND SC 66/2010 [2010] NZSC 143BETWEEN ROBERT ERWOOD Appellant AND JANET MAXTED AND JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD Respondents BETWEEN ROBERT ERWOOD Appellant AND JANET MAXTED AND JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD First Respondents AND THE OFFICIAL ASSIGNEE Second Respondent Court: Elias CJ, Blanchard and McGrath JJ Counsel: Appellant in Person G D Downing for Estate of Edward Erwood (electing not to make submissions) P D McKenzie QC as amicus curiae P R W Chisnall for Official Assignee Judgment: 30 November 2010JUDGMENT OF THE COURTA The application for leave to appeal is granted.B The approved ground is whether the Court of Appeal acted incorrectly in striking out the appellant's appeal to that Court in CA 567/07 when it struck out his appeal in CA 631/07 for non- payment of security for costs ordered in respect of CA 631/07.Solicitors: McFadden McMeeken Phillips, Nelson for Estate of Edward Erwood