New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Filing case on appeal

Legal area

Court

13 Dec 2021

SMITH v PAROS PROPERTY TRUST LIMITED [2021] NZCA 675

Citation

[2021] NZCA 675
Court

Court of Appeal

Because the applicant paid security for costs, provided explanations for delay related to lockdown and lack of resources and the delay was not exceptional, and because Almond v Read and related authorities require superficial merits review pre‑hearing for appeals as of right, the Court granted a limited extension of time to 11 February 2022 for filing the case on appeal rather than the longer period sought.
2 May 2014

NORRIS v GEMMELL & ANOR CA857/2012 [2014] NZCA 166

Citation

[2014] NZCA 166
Court

Court of Appeal

Because the respondents consented to the proposed extension after discussions with the Deputy Registrar, the Court granted the extension and imposed new deadlines for applying for a hearing date and filing the case on appeal.
29 Mar 2007

KENNETH WILLIAM HARLOW V CHRISTINE MARGARET GEMMELL CA CA152/06

Citation

openlaw-eda348b0_4ccc_443e_91f7_1a42f5814d1f.pdf
Court

Court of Appeal

Extension of time granted because the application was filed within the six month limit, the short delay was satisfactorily explained (change of counsel and long vacation), and the appeal was not devoid of merit given a tenable argument under Harrison v Harrison.