SIEMER V HERON [2013] NZCA 204
The Registrar correctly declined to accept the notice of appeal because the High Court appeal had been deemed abandoned before the notice was filed, leaving no extant decision to be appealed and therefore no jurisdiction for the Court of Appeal to hear the proposed appeal.
Source-derived case information.
- Citation
- [2013] NZCA 204
- Parties
- Appellant: Vincent Ross Siemer; First Respondent: Michael Richard Heron; Second Respondent: Russell McVeagh; Third Respondent: Force 1 Security; Fourth Respondent: Sione Tanaki; Fifth Respondent: Pio Sami
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 6 June 2013
- Procedural Posture
- Application to Review Registrar's Refusal to Accept Notice of Appeal to Court of Appeal / Review of Registrar Decision on Jurisdiction to Accept Notice of Appeal
- Outcome
- Application dismissed; Registrar's decision upheld
- Legal Topics
- Appeal Acceptance, Registrar Review, Abandonment of Appeal, Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ross Siemer
Appellant
Michael Richard Heron
First Respondent
Russell McVeagh
Second Respondent
Force 1 Security
Third Respondent
Sione Tanaki
Fourth Respondent
Pio Sami
Fifth Respondent
Procedural Posture
Application to Review Registrar's Refusal to Accept Notice of Appeal to Court of Appeal / Review of Registrar Decision on Jurisdiction to Accept Notice of Appeal
Legal Issues
- 1 Whether the Registrar had jurisdiction to accept the notice of appeal filed by Mr Siemer
- 2 Whether there was an extant High Court appeal to ground an appeal to the Court of Appeal given the deemed abandonment
- 3 Whether the Registrar's refusal to accept the notice of appeal should be set aside on review
Ratio Decidendi
The Registrar correctly declined to accept the notice of appeal because the High Court appeal had been deemed abandoned before the notice was filed, leaving no extant decision to be appealed and therefore no jurisdiction for the Court of Appeal to hear the proposed appeal.
Court Disposition
Application dismissed; Registrar's decision upheld
Orders
- Application by Mr Siemer to review the Registrar's decision dismissed
- Registrar's decision declining to accept Mr Siemer's notice of appeal is upheld
Full Case Text
Judgment text and source record
1 paragraphs
SIEMER V HERON [2013] NZCA 204 [6 June 2013]IN THE COURT OF APPEAL OF NEW ZEALAND[2013] NZCA 204BETWEEN VINCENT ROSS SIEMERAppellantAND MICHAEL RICHARD HERONFirst RespondentRUSSELL McVEAGHSecond RespondentFORCE 1 SECURITYThird RespondentSIONE TANAKIFourth RespondentPIO SAMIFifth RespondentCourt: Wild JCounsel: T L Clarke and S P H Elliott for First and Second RespondentsJudgment:(On the papers)6 June 2013 at 11.30 amJUDGMENT OF WILD JThe application by Mr Siemer to review the decision of the Registrar decliningto accept Mr Siemer's notice of appeal is dismissed.____________________________________________________________________[1] Mr Siemer has sought to appeal to this Court from Wylie J's decisiondelivered on 16 August 2012 Siemer v Heron.1[2] The Registrar of this Court has declined to accept Mr Siemer's notice ofappeal, for want of jurisdiction.[3] By notice filed on 3 October 2012 Mr Siemer applies for a review of theRegistrar's decision refusing to accept for filing his notice of appeal.[4] In a judgment I am delivering contemporaneously in Siemer v Heron(CA713/2012) I have detailed the background to this proposed appeal. I will therefore not do that again.[5] In that judgment (CA713/2012) I have also explained why Mr Siemer'sappeal to the High Court was deemed abandoned on 30 August 2012, and why from then on there was nothing to appeal from. I have referred to the Supreme Court'sjudgment in Siemer v Heron in which the Supreme Court explains why that is the position.2 I need not set all that out again in this judgment. It suffices to state that when, on 4 September 2012, Mr Siemer sought to appeal to this Court from Wylie J's 16 August 2012 judgment, his appeal to the High Court had been deemed abandoned. He therefore no longer had any appeal extant in the High Court, in respect of which he could appeal to this Court. The Registrar of this Court was therefore correct to decline to accept his notice of appeal.[6] Having reviewed the Registrar's decision declining to accept Mr Siemer'snotice of appeal I uphold it. I dismiss his application to review that decision.Solicitors:Bell Gully, Auckland for First and Second Respondents1 Siemer v Heron [2012] NZHC 2073.2 Siemer v Heron [2011] NZSC 133 [2012] 1 NZLR 309 at [35]–[36], [38] and [41].