New Zealand Case Law: Decisions & Judgments

Topic

Appeal as of right

Legal area

Court

24 Jun 2021

OCHIBULU v IMMIGRATION AND PROTECTION TRIBUNAL [2021] NZCA 269

Citation

[2021] NZCA 269
Court

Court of Appeal

An application to the High Court for an extension of time under s 247 is a stand-alone originating application, not an interlocutory application for the purposes of s 56(3) of the Senior Courts Act, and therefore an appeal from the High Court decision declining such an application lies as of right; the Court directed that the notice of appeal relating to the High Court s 249 decision be treated as an application under s 249(3) for leave to bring review proceedings.
18 Dec 2018

YARROW v WESTPAC NEW ZEALAND LIMITED [2018] NZCA 601

Citation

[2018] NZCA 601
Court

Court of Appeal

Grant extension because delay resulted from counsel error by a practitioner unfamiliar with appellate practice, the appeal had been filed in time, the respondent could not show material prejudice, and pre‑hearing merits review must be superficial for appeals as of right; accordingly r 43(2) warranted extension and reinstatement of the appeal to be scheduled for hearing.
7 Mar 2014

JEC NO 2 LTD v OFFICIAL ASSIGNEE [2014] NZHC 394

Citation

[2014] NZHC 394
Court

High Court

The application for enlargement of time was refused and the consequent application for leave to appeal and for a stay were denied; the judge found that the proper route for challenge to the refusal to enlarge time is appeal to the Court of Appeal as of right under s 66 of the Judicature Act 1908, and that no stay should be granted while the Official Assignee proceeds with the contractual sale provided the OA holds the sale proceeds in trust pending agreement or further order.

New Zealand Case Law

OCHIBULU v IMMIGRATION AND PROTECTION TRIBUNAL [2021] NZCA 269

YARROW v WESTPAC NEW ZEALAND LIMITED [2018] NZCA 601

JEC NO 2 LTD v OFFICIAL ASSIGNEE [2014] NZHC 394