Auto Sounds and Alarms Limited (in receivership and in liquidation) v Crone

[2013] NZCA 538

IN THE COURT OF APPEAL OF NEW ZEALAND

CA413/2013
[2013] NZCA 538

BETWEEN	AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) First Appellant
GRAEME WILLIAM MILLS AND KAREN ANN MILLS Second Appellants
AND	STEPHEN CRONE First Respondent
SCITUATE LIMITED Second Respondent

Counsel:

P J Dale for Appellants
G Bogiatto for Respondents

Judgment:

(On the papers)

4 November 2013 at 12.00 pm

JUDGMENT OF FRENCH J

AThe application for an extension of time is granted.  The time for filing a fixture application is extended until 8 November 2013.

BThere will be no order as to costs.

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REASONS

1. The appellants filed a notice of appeal on 24 June 2013.

2. Under r 43 of the Court of Appeal (Civil) Rules 2005, the appellants were required to take steps to apply for a fixture date by 24 September 2013.  Unfortunately, counsel overlooked the recent amendment to the Rules and the requirement to make the application in question within three months rather than six months.

3. Accordingly it has now become necessary for the appellants to apply for an extension of time under r 43(3).

4. The respondents consent to the application for an extension of time.

5. I am satisfied that the matter may be dealt with on the papers and that in the circumstances the application should be granted.  The appellants filed their case on appeal within time and in all other respects have been diligent in pursuing their appeal.  The delay has not caused the respondents any prejudice.  The appeal is ready to be set down for a two day fixture.

6. The time for applying for a fixture is accordingly extended by consent until 8 November 2013.

7. There will be no order for costs.

Solicitors:
Neilsons Lawyers Ltd, Auckland for Appellants