New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Abandonment under r 43

Legal area

Court

29 Aug 2022

DEMARCO v ANDERSON [2022] NZCA 409

Citation

[2022] NZCA 409
Court

Court of Appeal

The application for an extension of time was declined because the delay was significant and unexplained, the applicant filed prolix and largely irrelevant material, the intended appeal disclosed no apparent merit (including reliance on legally untenable 'divisible person' arguments), and the outstanding requirement to pay security for costs remained unmet; these factors justified refusal to exercise discretion to extend time.
28 Jul 2022

WISLANG v ATTORNEY-GENERAL OF NEW ZEALAND [2022] NZCA 341

Citation

[2022] NZCA 341
Court

Court of Appeal

Applying Almond v Read factors the Court granted a short 20 working day extension to file the case on appeal in CA624/2020 because the delay was short, the merits could not be shown to be clearly hopeless on limited review, and the interests of justice required a final opportunity; the extension to appeal the costs decision in CA225/2021 was refused because the delay lacked adequate explanation and the proposed costs appeal had no realistic prospects of success.