New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Revival of abandoned appeal

Legal area

Court

15 Feb 2016

NICHOLAS PAUL ALFRED REEKIE v ATTORNEY-GENERAL (SUED ON BEHALF OF THE DEPARTMENT OF CORRECTIONS) [2016] NZSC 8

Citation

[2016] NZSC 8
Court

Supreme Court

The recall application is dismissed because there was no error of law or fact in the Court's prior judgment: established authority confirms r 29A permits extensions for new appeals after abandonment under r 43, and the factual statement that the applicant did not file a case on appeal and apply for a hearing within the time specified in r 43 was correct.
8 Oct 2009

LEE V THE OFFICIAL ASSIGNEE AND ANOR HC AK CIV 2009-404-3257

Citation

openlaw-567fa5cc_d097_472a_af9d_5bdce2207bac.pdf
Court

High Court

The Official Assignee could not lawfully revive the appeal once it was finally abandoned under r43(3) of the Court of Appeal Rules, and the Assignee's decision to discontinue the counterclaim was reasonable because the counterclaim disclosed no viable causes of action or sufficient particulars; accordingly the s226 application to reverse the Assignee's decisions is dismissed.