Chang v Lee

[2016] NZCA 473

IN THE COURT OF APPEAL OF NEW ZEALAND

CA279/2016
[2016] NZCA 473

BETWEEN	CHIN-FU CHANG Appellant
AND	HSING-EN LEE Respondent

Court:

French, Asher and Brown JJ

Counsel:

R Reed and A Manuson for Appellant
G D Wiles for Respondent

Judgment:

(On the papers)

3 October 2016 at 2.30 pm

JUDGMENT OF THE COURT

The application for an extension of time under r 43 of the Court of Appeal (Civil) Rules 2005 is granted.

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REASONS OF THE COURT

(Given by French J)

1. The appellant applies for an extension of time under r 43 of the Court of Appeal (Civil) Rules 2005.

2. The appellant was one day late in filing the case on appeal due to a delay in delivering a large volume of documents.

3. The respondent neither consents to nor opposes the application, but abides the decision of the Court.  In those circumstances it is appropriate to deal with the matter on the papers.

4. The delay was minimal and there has been no prejudice to the respondent.

5. The application is accordingly granted.

Solicitors:
Prestige Lawyers Ltd, Auckland for Appellant
Murdoch Price, Manukau for Respondent