ROLAND MICHAEL KERRIDGE V KAREN PHYLLIS KERRIDGE AND ORS CA CA498/2007
The appeal was dismissed because the appellant failed to show error sufficient to overturn the lower court handling; the Court ordered that the first respondent's remaining claims (other than those struck out) be tried in the High Court and ordered the appellant to pay the first respondent's costs for a standard...
Source-derived case information.
- Citation
- openlaw-d14645e6_6ea5_4a13_a6df_6b6b9a34ffa7.pdf
- Parties
- Appellant: Roland Michael Kerridge; First Respondent: Karen Phyllis Kerridge; Second Respondent: Clive Robert Carter and Keith David Herbert as Trustees of The Roland Kerridge Trust; Third Respondent: Brookfields
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 16 February 2009
- Procedural Posture
- Civil Appeal / Judgment (court of Appeal)
- Outcome
- Appeal dismissed; first respondent's remaining claims (other than those struck out) to be tried in the High Court; appellant ordered to pay costs to first respondent on a standard appeal band A basis and usual disbursements.
- Legal Topics
- Appeal, Costs, Striking Out, Remittal to Trial
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Roland Michael Kerridge
Appellant
Karen Phyllis Kerridge
First Respondent
Clive Robert Carter and Keith David Herbert as Trustees of The Roland Kerridge Trust
Second Respondent
Brookfields
Third Respondent
Procedural Posture
Civil Appeal / Judgment (court of Appeal)
Legal Issues
- 1 Whether the appeal should be allowed or dismissed
- 2 Whether the first respondent's claims (other than those struck out in the High Court) should proceed to trial in the High Court
- 3 Allocation of costs for the appeal
Ratio Decidendi
The appeal was dismissed because the appellant failed to show error sufficient to overturn the lower court handling; the Court ordered that the first respondent's remaining claims (other than those struck out) be tried in the High Court and ordered the appellant to pay the first respondent's costs for a standard appeal on a band A basis and usual disbursements.
Court Disposition
Appeal dismissed; first respondent's remaining claims (other than those struck out) to be tried in the High Court; appellant ordered to pay costs to first respondent on a standard appeal band A basis and usual disbursements.
Orders
- The appeal is dismissed.
- The first respondent's claims (other than those which were struck out in the High Court) may be tried in the High Court.
Full Case Text
Judgment text and source record
1 paragraphs
ROLAND MICHAEL KERRIDGE V KAREN PHYLLIS KERRIDGE AND ORS CA CA498/2007 16 February 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA498/2007 CA738/2008 [2009] NZCA 14BETWEEN ROLAND MICHAEL KERRIDGE Appellant AND KAREN PHYLLIS KERRIDGE First Respondent AND CLIVE ROBERT CARTER AND KEITH DAVID HERBERT AS TRUSTEES OF THE ROLAND KERRIDGE TRUST Second Respondent AND BROOKFIELDS Third Respondent Hearing: 26 January 2009 Court: O'Regan, Robertson and Arnold JJ Counsel: A E Hinton QC and D J G Cox for Appellant K G Davenport for First Respondent Judgment: 16 February 2009JUDGMENT OF THE COURT A The appeal is dismissed. B The first respondent's claims (other than those which were struck out in the High Court) may be tried in the High Court. C The appellant must pay the costs of the first respondent for a standard appeal on a band A basis and usual disbursements.____________________________________________________________________[Reasons will follow]Solicitors: Rennie Cox, Auckland, for Appellant Jones Young, Auckland for First Respondent