ANZA Distributing New Zealand Limited v USG Interiors Pacific Limited

The Court of Appeal of New Zealand heard an appeal from ANZA Distributing New Zealand Limited against the decision of USG Interiors Pacific Limited. The matter involved an application by Mr and Mrs Misbin, on behalf of ANZA, to appeal a decision made by Associate Judge Robinson on 12 March 2008. The Misbins sought to bring the appeal out of time, without the authority to represent ANZA. The appeal was dismissed, following a previous decision by the Court in H A Misbin and J H Misbin v USG Interiors Pacific Ltd, which had declined an extension of time for an appeal against a decision made by Cooper J on 3 November 2008.

The legal issues before the Court were whether the Misbins had the authority to bring the appeal on behalf of ANZA and if there were any grounds to grant an extension of time to appeal. The Court had to determine whether the application by the Misbins should be dismissed, considering the lack of authority to represent ANZA and the previous decision declining an extension of time for another appeal in the same matter.

The Court, in its reasons for judgment, explained that it had previously decided to decline an extension of time for an appeal in the same matter. The Court noted that the Misbins did not have the authority to bring the appeal on behalf of ANZA and that they had not provided any reasons why the application should not be dismissed. The Court dismissed the application to bring the appeal out of time, as no memorandum was received from the Misbins by the specified deadline.

No further orders were made by the Court. The appeal by ANZA Distributing New Zealand Limited against the decision of USG Interiors Pacific Limited was dismissed, and the Court upheld the decision of Associate Judge Robinson made on 12 March 2008.