VAN SELM AND ORMSBY v VAN SELM [2014] NZHC 1993

VAN SELM AND ORMSBY v VAN SELM [2014] NZHC 1993

Leave to appeal was granted because the appellants provided a satisfactory explanation for the delay (solicitor slip with funds in trust) and demonstrated an arguable appeal point (costs issues arising from partial settlements and trustee circumstances); the deemed abandonment under s 74 did not bar the court from granting leave in the exercise of its discretion; security for costs must be paid within five working days of release of this judgment and costs lie where they fall.

Citation
[2014] NZHC 1993
Parties
Appellants: Jacqueline Anne Van Selm and Puawai Ormsby as trustees of the estate of Jack Ormsby; First Respondent: Jake Van Selm as trustee of the estate of Elizabeth Paretuarangormsby; Second Respondent: Alan Ormsby
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 August 2014
Procedural Posture
Appeal / Application for Leave to Appeal and Extension of Time for Security for Costs
Outcome
Leave to appeal granted; security for costs to be paid within five working days; costs lie where they fall.
Legal Topics
Security for Costs, Extension of Time, Leave to Appeal, Costs Orders, Relationship Property
Family Law Property Law Civil Procedure Security for Costs Extension of Time Leave to Appeal Costs Orders Relationship Property

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Parties

Jacqueline Anne Van Selm and Puawai Ormsby as trustees of the estate of Jack Ormsby

Appellants

Jake Van Selm as trustee of the estate of Elizabeth Paretuarangormsby

First Respondent

Alan Ormsby

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Extension of Time for Security for Costs

Legal Issues

  1. 1 Whether time to pay security for costs could be extended retrospectively after deemed abandonment under s 74 District Court Act
  2. 2 Whether leave to appeal out of time should be granted
  3. 3 Whether the proposed appeal is arguable/meritorious

Ratio Decidendi

Leave to appeal was granted because the appellants provided a satisfactory explanation for the delay (solicitor slip with funds in trust) and demonstrated an arguable appeal point (costs issues arising from partial settlements and trustee circumstances); the deemed abandonment under s 74 did not bar the court from granting leave in the exercise of its discretion; security for costs must be paid within five working days of release of this judgment and costs lie where they fall.

Court Disposition

Leave to appeal granted; security for costs to be paid within five working days; costs lie where they fall.

Orders

  • Leave to appeal granted
  • Security for costs to be paid within five working days of release of judgment