| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 137/2016 [2017] NZSC 8 |
| BETWEEN | AMANDA ADELE WHITE ANNE LEOLINE EMILY FREEMAN |
| AND | CHRISTOPHER MAURICE LYNCH STUART GORDON SPENCE |
| Court: | William Young, Glazebrook and Ellen France JJ |
Counsel: | Applicants in person |
Judgment: | 16 February 2017 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
____________________________________________________________________
REASONS
The applicants seek leave to appeal against a judgment of the Court of Appeal that:[1]
(a)refused their application for an extension of time to file a case on appeal and seek a hearing date;
(b)dismissed their application to prevent Mr Peter Wright acting as counsel for the respondents; and
(c)directed the Registrar of the Court of Appeal not to accept, without the prior written consent of a Judge, any proceedings directed against the respondents or Mr Wright.
The appeal in respect of which an extension was sought was against a judgment of Faire J of 15 December 2015 in which, inter alia, he adjudicated the applicants bankrupt.[2] Although the appeal is against all aspects of the judgment, we will, for reasons which will become apparent, refer to it as the adjudication appeal.
[1]White v Lynch [2016] NZCA 513 (Randerson, Wild and French JJ) [Adjudication appeal].
The background to the order of adjudication is reviewed fully in the judgment of the Court of Appeal.[3] For present purposes, an abbreviated summary is sufficient. The starting point is a judgment given against the applicants in the High Court by Priestley J.[4] The applicants appealed against that judgment to the Court of Appeal but the appeal was never prosecuted to a hearing.[5] In the course of that appeal costs were awarded against the applicants. This award of costs provided the basis for bankruptcy notices which resulted in the judgment of Faire J which was challenged in the adjudication appeal. The applicants also issued proceedings in the High Court seeking to have the judgment of Priestley J set aside as obtained by fraud but these proceedings were struck out.[6] This strike-out decision was also challenged by an appeal to the Court of Appeal but this appeal too was not prosecuted to substantive hearings.[7] Procedural issues associated with the dispute have been before the Court of Appeal on five occasions.[8]
[3]At [3]–[15].
[5]In White v Spence [2014] NZCA 298, the Court of Appeal granted extensions of time to apply for a fixture and file a case on appeal against the judgment of Priestley J. An extension of time was also granted to appeal against the costs judgment of Priestley J. The Official Assignee later abandoned the appeal: Adjudication appeal, above n 1, at [7].
[7]Adjudication appeal, above n 1, at [10]–[11].
Continue reading Amanda Adele White v Christopher Maurice Lynch
Sign in free to access the full text
- AGLC
- Amanda Adele White v Christopher Maurice Lynch [2017] NZSC 8
- Case
- [2017] NZSC 8
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide were whether the applicants had a point of public or general importance in the proposed appeal and whether there was an appearance of a miscarriage of justice. The court also had to consider whether the applicants' allegations in relation to discovery had been properly assessed by any court.
The court dismissed the application for leave to appeal. It found that the appeal had no merit and that the applicants had not paid security for costs. The court also found that the applicants' submissions in support of their application for leave to appeal contained much assertion and rhetoric but did not engage with the substance of the reasons given by the Court of Appeal. The court saw no point in extending time for an appeal which had no merit and in respect of which the applicants had not paid security for costs. The court made no order for costs because the applicants were bankrupt and the respondents had not sought costs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.