23 Jul 2019
The application for special leave to appeal was dismissed for want of jurisdiction because it was filed outside the mandatory 21 day period in s162(4) ACA and the High Court has no power or alternative statutory pathway to grant the leave sought; the matters raised were factual and did not raise questions of law.
15 Feb 2018
Because the applicant was resident outside New Zealand, had not disclosed his whereabouts and there was overwhelming evidence he was unlikely to be able to pay defendants' costs, the Court, exercising its discretion under r 5.45, ordered security for costs of $15,000 and stayed the proceedings until that security was paid; costs on a scale 2B were awarded to the Crown for the security application.
26 Mar 2013
The Registrar did not err: the applicant failed to demonstrate exceptional circumstances warranting deferment of security for costs; the appeal must be progressed promptly and the ordered security of $5,880 must be paid into Court within 20 working days.
23 Aug 2012
The Judge erred by concluding the appeal was out of time because there was no sworn evidence of posting or service prior to 24 November 2011, the consent decision dated 7 November made the asserted earlier posting implausible, and the newspaper article could not support an inference of receipt; the correct course is to remit the question to the Environment Court to rehear timeliness with appropriate evidence and opportunity to be heard.
20 Jun 2005
The application for special leave to appeal was dismissed because the delay in seeking leave was considerable and unexplained, the Westfield decision did not provide a relevant basis for the appeal, the intended appeal lacked merit, and the respondent would be prejudiced; accordingly leave is refused.