Chen v Auckland Weihao Investments Limited

In the matter of Chen v Auckland Weihao Investments Limited, the applicants sought extensions of time in two separate proceedings before the Court of Appeal of New Zealand. In the first application, Ms Chen sought an extension to appeal the Associate Judge's decision declining her application to sustain the first caveat. In the second application, Ms Chen sought an extension to apply for the allocation of a hearing date and file the case on appeal in relation to the dismissal of her application to sustain the second caveat.

The Court was required to decide whether to grant the applicants' requests for extensions of time in both proceedings. In the first proceeding, the Court had to determine whether the delay in filing the appeal was attributable to an error by the Court, and whether the delay was significant enough to cause prejudice to the respondent. In the second proceeding, the Court had to consider whether the appeal was genuinely arguable and whether the delay was justified.

The Court found that the delay in the first proceeding was attributable to an error by the Court, and that the delay was not significant enough to cause prejudice to the respondent. Therefore, the Court granted the application for an extension of time in the first proceeding. In the second proceeding, the Court found that the appeal was not genuinely arguable, and that the delay was not justified. Therefore, the Court declined the application for an extension of time in the second proceeding.

The Court granted the application for an extension of time to appeal in CA646/2020, and reminded Ms Chen that she must file her notice of appeal by 29 September 2021. The Court declined the application for an extension of time to apply for the allocation of a hearing date and file the case on appeal in CA95/2021.