Brougham v Regan and Tuffin

[2019] NZSC 143

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 104/2019
 [2019] NZSC 143

BETWEEN	BRYCE BROUGHAM Applicant
AND	CHRISTINE ANNA ELIZABETH REGAN AND MARK JEFFEREY TUFFIN AS TRUSTEES OF THE WINCHESTER TRUST First Respondent RACHAEL CHRISTINA DEY Second Respondent

Court:	Winkelmann CJ and Glazebrook J
Counsel:	F E Geiringer and J K Mahuta‑Coyle for Applicant F A King for First Respondent S A McKenna for Second Respondent
Judgment:	12 December 2019

JUDGMENT OF THE COURT

AAn extension of time to apply for leave to appeal is granted.

BLeave to appeal is granted (Regan v Brougham [2019] NZCA 401).

CThe approved ground is whether the Court of Appeal was right to allow the appeal to that Court.

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REASONS

1. We are satisfied that an extension of time to apply for leave to appeal should be granted, despite the opposition of the first respondent.  The application was filed only a few days after the expiry of the appeal period and it is clear that there has been no prejudice to the respondents as a result of the short delay.

Solicitors:
Macalister Mazengarb, Wellington for Applicant
Grantham Law, Hamilton for Respondents