SIMUNOVICH FISHERIES LTD, PETER JOHN SIMUNOVICH AND VAUGHAN HILTON WILKINSON V TELEVISION NEW ZEALAND LTD CA CA406/07
Special leave to appeal out of time was granted because the two-day delay was brief and due to oversight, the respondent consented, and granting leave was in the overall interests of justice.
Source-derived case information.
- Citation
- openlaw-84cf875b_2a49_430a_9344_85fa58b24c12.pdf
- Parties
- Applicant: Simunovich Fisheries Limited; Applicant: Peter John Simunovich; Applicant: Vaughan Hilton Wilkinson; Respondent: Television New Zealand Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 23 October 2007
- Procedural Posture
- Defamation; Civil Appeal / Application for Special Leave to Appeal Out of Time (on the Papers)
- Outcome
- Special leave to appeal out of time granted.
- Legal Topics
- Legal Professional Privilege, Production of Documents, Special Leave to Appeal, Leave Out of Time, Interests of Justice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simunovich Fisheries Limited
Applicant
Peter John Simunovich
Applicant
Vaughan Hilton Wilkinson
Applicant
Television New Zealand Limited
Respondent
Procedural Posture
Defamation; Civil Appeal / Application for Special Leave to Appeal Out of Time (on the Papers)
Legal Issues
- 1 Whether draft scripts are subject to legal professional privilege
- 2 Whether special leave to appeal should be granted despite being filed out of time
Ratio Decidendi
Special leave to appeal out of time was granted because the two-day delay was brief and due to oversight, the respondent consented, and granting leave was in the overall interests of justice.
Court Disposition
Special leave to appeal out of time granted.
Orders
- Special leave to appeal out of time granted.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
SIMUNOVICH FISHERIES LTD, PETER JOHN SIMUNOVICH AND VAUGHAN HILTON WILKINSON V TELEVISION NEW ZEALAND LTD CA CA406/07 23 October 2007IN THE COURT OF APPEAL OF NEW ZEALAND CA406/07 [2007] NZCA 456BETWEEN SIMUNOVICH FISHERIES LIMITED, PETER JOHN SIMUNOVICH AND VAUGHAN HILTON WILKINSON Applicants AND TELEVISION NEW ZEALAND LIMITED Respondent Court: William Young P, Robertson and Ellen France JJ Counsel: J G Miles QC and A Ivory for Applicants T J Walker for Respondent Judgment: (on the papers) 23 October 2007 at 11.30 amJUDGMENT OF THE COURT The application for special leave to appeal out of time is granted. REASONS OF THE COURT(Given by Ellen France J) [1] The applicants, a privately owned fishing company and its directors, have brought defamation proceedings against Television New Zealand Limited (TVNZ) in relation to a programme broadcast by TVNZ about the fishing industry. The television programme was described as an "Assignment Special".[2] In a decision delivered on 10 July 2007, Allan J declined to make an order that TVNZ produce draft scripts in relation to the "Assignment" programme on the basis the drafts were subject to legal professional privilege: HC AK CIV 2004-404-3903. The applicants seek special leave under r 29(4) of the Court of Appeal (Civil) Rules 2005 for special leave to appeal out of time against that decision. [3] We are satisfied that granting leave is in the overall interests of justice. The brief delay (two days) in filing the notice of appeal was due to an oversight and the respondent consents to the grant of leave. [4] The application has been dealt with on the papers on the basis of the notice of application and associated consent memorandum. In those circumstances, we make no order for costs.Solicitors: Craig Griffin Lord, Auckland for Applicants