STEWART AND LEE-BIN TEE v VALUATION CONSULTANTS NEW ZEALAND LIMITED COA CA287/2012
The application for extension of time was granted because the appeal was filed only three days late, the applicants advanced good reasons for the short delay, the appeal had prospective merit and there was no identified prejudice to the respondent after weighing the enumerated factors under the applicable rule and...
Source-derived case information.
- Citation
- COA CA287/2012
- Parties
- Applicant: Wayne Peter Stewart; Applicant: Lee-Bin Tee; Respondent: Valuation Consultants New Zealand Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 12 July 2012
- Procedural Posture
- Appeal (court of Appeal Civil) / Application for Extension of Time to Bring Appeal (decision on the Papers)
- Outcome
- Extension of time to bring the appeal granted.
- Legal Topics
- Extension of Time, Filing Deadlines, Delay and Prejudice, Merits of Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wayne Peter Stewart
Applicant
Lee-Bin Tee
Applicant
Valuation Consultants New Zealand Limited
Respondent
Procedural Posture
Appeal (court of Appeal Civil) / Application for Extension of Time to Bring Appeal (decision on the Papers)
Legal Issues
- 1 Whether to grant an extension of time under r 29A(4) Court of Appeal (Civil) Rules 2005 for an appeal filed three days late
- 2 Whether the relevant factors (length of delay, reasons for delay, parties' conduct, prejudice, prospective merits) justify granting the extension
Ratio Decidendi
The application for extension of time was granted because the appeal was filed only three days late, the applicants advanced good reasons for the short delay, the appeal had prospective merit and there was no identified prejudice to the respondent after weighing the enumerated factors under the applicable rule and authorities.
Court Disposition
Extension of time to bring the appeal granted.
Orders
- Application for an extension of time under r 29A(4) granted; appeal may proceed.
Full Case Text
Judgment text and source record
1 paragraphs
STEWART AND LEE-BIN TEE v VALUATION CONSULTANTS NEW ZEALAND LIMITED COA CA287/2012 [12 July 2012]IN THE COURT OF APPEAL OF NEW ZEALANDCA287/2012[2012] NZCA 303BETWEEN WAYNE PETER STEWART AND LEE-BIN TEEApplicantsAND VALUATION CONSULTANTS NEWZEALAND LIMITEDRespondentCourt: Ellen France, Harrison and White JJCounsel: D A Webb for ApplicantsS A Barker for RespondentJudgment: 12 July 2012 at 11.30am(On the papers)JUDGMENT OF THE COURTThe application for an extension of time to bring the appeal is granted.____________________________________________________________________REASONS OF THE COURT(Given by White J)[1] The applicants have applied for an extension of time in which to bring their appeal under r 29A(4) of the Court of Appeal (Civil) Rules 2005. The application is necessary because the appeal was filed three days late.[2] The application is made on the basis that the grounds of appeal are meritorious, there were good reasons for the short delay and there will be no prejudice to the respondent.[3] The respondent neither opposes nor consents to the application, but agrees that it may be dealt with on the papers.[4] Taking into account the relevant factors, namely the length of the delay andthe reasons for it, the parties' conduct, the extent of prejudice caused by the delayand the prospective merits of the appeal,1 we are satisfied that in the circumstances of this case the application should be granted.Solicitors:Lane Neave Lawyers, Christchurch for ApplicantsBuddle Findlay, Wellington for Respondent1 My Noodle Ltd v Queenstown-Lakes District Council [2009] NZCA 224, (2009) 19; PRNZ 518at [19]; Barber v Cottle [2010] NZCA 31 at [6]; and Robertson v Gilbert [2010] NZCA 429 at[24].