Bayly v Hicks

[2012] NZCA 218

IN THE COURT OF APPEAL OF NEW ZEALAND

CA574/2011
[2012] NZCA 218

BETWEEN  JOCELYN DIANE BAYLY
Appellant

AND  MARION HICKS AND JOHN ANDREW HICKS
Respondents

Court:             Arnold, Ellen France and White JJ

Counsel:         W G C Templeton for Appellant
K T Glover for Respondents

Judgment:      30 May 2012 at 2.00pm

(On the papers)

JUDGMENT OF THE COURT

The application for an extension of time in which to pay the setting down fee and apply for a fixture is granted.

____________________________________________________________________

REASONS OF THE COURT

(Given by White J)

1. The appellant has applied for an extension of time in which to pay the setting down fee and apply for a fixture under r 43(3) Court of Appeal (Civil) Rules 2005.  The application is necessary because the setting down fee was not paid within the prescribed six month period after the filing of the case on appeal.

2. The application is made on the grounds that the grounds of appeal are meritorious, the appellant was waiting a response from the Registrar of this Court as to the setting down fee, and the cheque for the fee was sent only 14 days after the expiration of the six month period.

3. The respondents neither oppose nor consent to the application, but agree that it may be dealt with on the papers.

4. Taking into account the relevant factors, namely the timely nature of the application, the shortness of the extension sought and the absence of any prejudice to the respondents,[1] we are satisfied that in the circumstances of this case the application should be granted.

   [1]      Te Runanga O Ngai Tahu v Attorney-General [2010] NZCA 262, (2010) 19 PRNZ 915.

Solicitors:
Stafford Klaassen Solicitors, Auckland for Appellant
Paul Gallagher Legal, Auckland for Respondents