Apple Fields Limited v Newport Farm Limited

[2002] NZCA 79

IN THE COURT OF APPEAL OF NEW ZEALAND CA149/00

BETWEEN	APPLE FIELDS LIMITED
First Appellant

AND	NEWPORT FARM LIMITED & ORS
Second to 23rd Appellants

AND	DAMESH HOLDINGS LIMITED
First Respondent

AND	PARSHELF 81 LIMITED
Second Respondent

AND	STYX DEVELOPMENTS LIMITED
Third Respondent

AND	BELFAST DEVELOPMENTS LIMITED
Fourth Respondent

Hearing:	24 April 2002
Coram:	Richardson P Keith J Blanchard J
Appearances:	J G Fogarty QC for the 2nd to 23rd Appellants J O Upton QC for the Respondents
Judgment:	24 April 2002

ORDER OF THE COURT

1. For reasons to be given, the order of the Court is that a certificate will be granted under R21 of the New Zealand (Appeals to the Privy Council) Order 1910 that the appeal has not been prosecuted effectually unless within one month from today the appellants:

   (1)       seal the order granting leave to appeal,

   (2)       complete the record,

   (3)       despatch the record to London,

   (4)       register the appeal with the Registry of the Judicial Committee,

   (5)take the appropriate steps to enable Apple Fields Limited to be removed as an appellant, and

   (6)       apply for a fixture.

2. There is no order as to costs.

Solicitors
Malley & Co, Christchurch for the Appellants
Parry Field, Christchurch for the Respondents