THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST v SHAW CA54/2015 [2015] NZCA 345
The short two‑week delay caused by solicitor oversight, absence of specific prejudice attributable to that short delay and the fact the appeal could not be characterised as hopeless justified exercising the discretion under r 43 to grant an extension until 20 August 2015 for filing the case on appeal and applying...
Source-derived case information.
- Citation
- [2015] NZCA 345
- Parties
- Appellant: THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST; Respondent: DONALD SHAW
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 31 July 2015
- Procedural Posture
- Appeal – Application for Extension of Time to File Case on Appeal / Application Under R 43 Court of Appeal (civil) Rules 2005 Granted; Appellants Ordered to File Case on Appeal and Apply for Hearing Date by Deadline
- Outcome
- Application for extension of time granted
- Legal Topics
- Extension of Time, Leave to Appeal, Jurisdiction of Māori Land Court, Roadway Order/easement
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST
Appellant
DONALD SHAW
Respondent
Procedural Posture
Appeal – Application for Extension of Time to File Case on Appeal / Application Under R 43 Court of Appeal (civil) Rules 2005 Granted; Appellants Ordered to File Case on Appeal and Apply for Hearing Date by Deadline
Legal Issues
- 1 Whether an extension of time should be granted under r 43 of the Court of Appeal (Civil) Rules 2005
- 2 Whether the respondent suffers prejudice from the short delay
- 3 Whether the proposed appeal is hopeless on its merits
Ratio Decidendi
The short two‑week delay caused by solicitor oversight, absence of specific prejudice attributable to that short delay and the fact the appeal could not be characterised as hopeless justified exercising the discretion under r 43 to grant an extension until 20 August 2015 for filing the case on appeal and applying for a hearing date; no costs ordered due to respondent being self‑represented.
Court Disposition
Application for extension of time granted
Orders
- Extension granted until 20 August 2015 to file the case on appeal and to apply for a hearing date
- There is no order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
THE TRUSTEES OF THE TAUWHAO TE NGARE TRUST v SHAW CA54/2015 [2015] NZCA 345 [31 July 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA54/2015[2015] NZCA 345BETWEEN THE TRUSTEES OF THE TAUWHAOTE NGARE TRUSTAppellantAND DONALD SHAWRespondentCourt: Stevens, Miller and Winkelmann JJCounsel: J B Orpin for AppellantRespondent (in person)Judgment:(On the papers)31 July 2015 at 2.00 pmJUDGMENT OF THE COURTA The application for an extension of time is granted. The appellants will have an extension until 20 August 2015 to file the case on appeal and apply for a hearing date.B There is no order as to costs.____________________________________________________________________REASONS OF THE COURT(Given by Miller J)[1] The appellants move under r 43 of the Court of Appeal (Civil) Rules 2005 for an extension of time to file a case on appeal and seek a hearing date. Their application was made two weeks after the expiration of the three month period inwhich to do so. The error was attributable to an oversight on the part of their solicitor.[2] The respondent, Mr Shaw, opposes, asserting that he is prejudiced and that the appeal is hopeless.[3] With respect to the first of those points, he points to prejudice of a general kind from the litigation but none that is attributable to the short period of delay.[4] With respect to the second point, Mr Shaw says in substance that the MāoriAppellate Court made a sensible and obvious decision in the exercise of discretion.However, there is a question whether the Māori Land Court had jurisdiction to make the original roadway order and, if not, whether the order could be sustained onappeal to the Māori Appellate Court. It cannot be said that the appeal is hopeless.[5] That being so, the application for an extension of time is granted. The appellants must file the case on appeal and apply for a hearing date on or before 20 August 2015.[6] The respondent being self-represented, there will be no order as to costs.Solicitors:Koning Webster Lawyers, Papamoa for Appellant