ERWOOD v HARLEY SC 132/2011

ERWOOD v HARLEY SC 132/2011 [24 April 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 132/2011[2012] NZSC 30BETWEEN ROBERT JOHN ERWOODApplicantAND RAYLEE PATRICIA HARLEYRespondentCourt: Elias CJ, McGrath and William Young JJCounsel: Applicant in PersonC R Carruthers QC for RespondentJudgment: 24 April 2012JUDGMENT OF THE COURTThe application for leave to appeal is dismissed.____________________________________________________________________REASONS[1] The applicant seeks leave to appeal against the judgment of a Judge of the Court of Appeal reviewing a decision of the Registrar of that Court in relation to disbursements payable under a Court order.1 The effect of the judgment was that an award of disbursements of $1,000 to the applicant made by the Registrar was set aside. As well, other claims by the applicant for disbursements were dismissed.[2] The applicant was notified by the Registrar, on 28 February 2012, that submissions in support of the leave application should be filed by 13 March. The applicant advised the Court that he could not meet that date because of his ill health. His request that an amicus be appointed to assist him was refused by a Judge of this1 Official Assignee v Erwood [2011] NZCA 370.Court who, on 22 March 2012, gave the applicant until 16 April 2012 to file submissions.[3] No submissions have been received. The applicant has advised the Court that the combination of his not having a lawyer and his continuing ill health has precluded him from filing submissions.[4] In these circumstances, we have considered the application for leave to appeal, the judgment of Randerson J and subsequent minutes regarding theapplicant's applications seeking recall of the judgment. There is nothing in thematerial before the Court that indicates there is any merit in the application for leave to appeal. Nor should the matter be remitted back to the Court of Appeal.[5] The application is accordingly dismissed. There will be no order for costs.