Astrazeneca Limited v Pharmaceutical Management Agency

[2005] NZCA 213

IN THE COURT OF APPEAL OF NEW ZEALAND

CA140/05

BETWEENASTRAZENECA LIMITED

Appellant

ANDPHARMACEUTICAL MANAGEMENT AGENCY

Respondent

Court:Glazebrook, O'Regan and Robertson JJ

Counsel:J Long and T P Mullins for Appellant

M G Colson and R E Brown for Respondent

Judgment:18 August 2005 

(On the papers)

JUDGMENT OF THE COURT

By consent we give leave to the respondent to cross-appeal on the basis described in its application for special leave dated 2 August 2005.

REASONS

(Given by O’Regan J)

[1]        The respondent seeks special leave to cross-appeal.  It requires special leave because it did not file its cross-appeal in time.  This occurred because its solicitors mistakenly thought that the timeframe for filing a cross-appeal was that set out in the Court of Appeal (Civil) Rules 2001, which were revoked on 1 May 2005.  The application was made as soon as the error was discovered, there is no prejudice to the appellant and the appellant has filed a memorandum advising that it does not oppose the application for special leave.  We therefore give special leave.

Solicitors:
LeeSalmonLong, Auckland for Appellant
Bell Gully, Auckland for Respondent