Coupe v Power Painters Limited
[2024] NZCA 426
•6 September 2024 at 10.30 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA631/2023 [2024] NZCA 426 |
| BETWEEN | AARON PETER COUPE |
| AND | POWER PAINTERS LIMITED |
| Hearing: | 26 August 2024 |
Court: | Cooke, Peters and Grice JJ |
Counsel: | No appearance for Applicant |
Judgment: | 6 September 2024 at 10.30 am |
JUDGMENT OF THE COURT
The application is declined.
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REASONS OF THE COURT
(Given by Cooke J)
By an application dated 24 October 2023, the applicant seeks an extension of time to appeal against an order made by the High Court on 5 October 2010 adjudicating him bankrupt. Submissions in support of the application were filed on 15 April 2024.
Such applications are addressed under r 29A of the Court of Appeal (Civil) Rules 2005. A hearing was allocated for 13 May 2024. On 30 April 2024, Thomas J recorded that the applicant was in hospital, and the hearing did not proceed on that date as scheduled.
The matter was addressed by the Court again on 15 May 2024. Thomas J recorded that the applicant would need to file an affidavit explaining the reasons for the delay and exhibiting such documents that he relied upon if he intended to pursue the application for an extension of time.
No such affidavit has been filed. The application was called in Court at the scheduled hearing. There was no appearance for the applicant.
We also note that, according to the Insolvency Register, the bankruptcy order that the applicant seeks to appeal from was discharged on 7 December 2013. It appears that the applicant has since been subject to a further bankruptcy order dated 11 March 2022.
In all the above circumstances, the application is declined.
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