Cridge v Studorp Limited
[2023] NZSC 147
•2 November 2023
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 98/2023 [2023] NZSC 147 |
| BETWEEN | TRACEY JANE CRIDGE AND MARK ANTHONY UNWIN |
| AND | STUDORP LIMITED |
| BETWEEN | KATRINA MCKELLAR FOWLER AND SCOTT WOODHEAD |
| AND | STUDORP LIMITED |
| AND | JAMES HARDIE NEW ZEALAND LIMITED |
| Court: | Glazebrook, Williams and Kós JJ |
Counsel: | J A Farmer KC and E S K Dalzell for Applicants |
Judgment: | 2 November 2023 |
JUDGMENT OF THE COURT
AThe application for extension of time for leave to appeal against Cridge v Studorp Ltd [2023] NZCA 365 is granted.
BAny application must be filed on or before 20 working days after the Court of Appeal’s judgment on the substantive appeal.
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REASONS
On 14 August 2023 the Court of Appeal dismissed the applicants’ application to adduce further evidence. Brief reasons were given but the Court indicated that fuller reasons would be included in the judgment on the substantive appeal.[1]
[1]Cridge v Studorp Limited [2023] NZCA 365 (French, Brown and Gilbert JJ).
The applicants seek an extension of time to apply for leave to appeal against this judgment until 20 working days after the Court of Appeal’s judgment on the substantive appeal is delivered.
The extension is sought because, in the event that the substantive appeal is dismissed and leave is sought to appeal against that judgment, it may be necessary also to seek leave to challenge the dismissal of the application to adduce further evidence.
We are told that the respondents agree to the extension of time, without prejudice to their position on any leave application and on any subsequent appeal.
In those circumstances, the application for an extension of time to apply for leave to appeal is granted. Any application must be filed on or before 20 working days after the Court of Appeal’s judgment on the substantive appeal.
Solicitors:
Dalzell Wollerman, Wellington for Applicants
Chapman Tripp, Auckland for Respondents
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