4 Oct 2021
Given the appellant was uncontactable and failed to appear, counsel was granted leave to withdraw, an extension of time to file the appeal was granted on the Crown's non-opposition, and the appeal was dismissed because the appellant could not be located and did not appear to prosecute the appeal.
2 Mar 2021
The proceeding was dismissed under r 10.8 High Court Rules because the plaintiff repeatedly failed to comply with multiple court orders, failed to file required evidence and documents, and failed to appear at the scheduled hearing despite warnings and opportunity; dismissal and costs on a 2B basis were proportionate and in the interests of justice, and the dismissal extends to the related proceedings set down for the same hearing.
12 Sept 2018
The application was dismissed because the applicant failed to appear at the allocated hearing despite a prior minute indicating the matter would not proceed on the papers; accordingly the Court dismissed the application and awarded costs to the NZLS on a 2B basis.
2 Nov 2016
Leave to withdraw was granted and the proceeding was dismissed pursuant to High Court Rules r 10.8 because the plaintiff failed to appear despite being informed and advised by counsel; no adjournment warranted given prejudice to defendants and court resources; plaintiff may apply to set aside the dismissal under r 10.9 if grounds of miscarriage of justice exist.
6 May 2015
s338(2) did not apply because the High Court dismissed the appeal for the appellant's non-appearance at a hearing for which he had notice; consequently leave to bring a second appeal is governed by s223(3) and the applicant failed to show general or public importance or risk of miscarriage of justice, so leave is refused.
16 Apr 2013
The court exercised its power to correct the reserved judgment before sealing: it corrected the record of appearances, fixed numbering errors, substituted paragraphs to grant dismissal of the defendants' counterclaim and dismissal of the third party claims for non-appearance, and awarded costs on a 2B basis of $84,269.72 to the plaintiff and $3,760.00 to the third parties.
20 Dec 2011
The appeal was dismissed because the appellant did not appear, could not be contacted or explain absence, and the appeal was unlikely to succeed; dismissal was authorised by s161(3)(a) of the Act.
8 Mar 2000
Because the appellant repeatedly failed to file submissions and did not appear at the hearing despite requests and an adjournment, the court accepted the respondent's submissions, confirmed the Review Officer's decision and dismissed the appeal.
22 Sept 1999
The appeal was dismissed because the appellant failed to appear and the court applied R.17 of the ARCI Appeals Regulations 1992 to dismiss the appeal.