Cullen v Christchurch City Council

[2013] NZHC 1865

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2013-409-000045 [2013] NZHC 1865

BETWEEN  RACHEL CULLEN Appellant

ANDCHRISTCHURCH CITY COUNCIL Respondent

CRI-2013-409-000046

BETWEEN  RALPH CULLEN Appellant

ANDCHRISTCHURCH CITY COUNCIL Respondent

Hearing:                   25 July 2013

Appearances:           No Appearance for Appellants

J Ling for Respondent

Judgment:                25 July 2013

JUDGMENT OF D GENDALL J

[1]      The appellants in each of these matters were convicted on one charge of being the owners of a dog that attacked a person and caused serious injury to that person. A sentence of 200 hours community work, reparation of $175 and emotional harm payments of $400 were imposed.

[2]      The present appeal is in relation to the order of 200 hours community work.

[3]      The notices of appeal against the sentence were filed in this Court on 28 May

2013.

CULLEN v CHRISTCHURCH CITY COUNCIL [2013] NZHC 1865 [25 July 2013]

[4]      At the call of this matter today, 25 July 2013, there was no appearance for the appellant Ralph Cullen or the appellant Rachel Cullen.

[5]      At my request the registrar of this Court called the appellants twice and went into the foyer of the courtroom to make additional calls for their presence.  Neither appellant appeared today.

[6]      Ms Ling, for the respondent, accordingly sought that the appeals before this

Court should be dismissed.

[7]      Given that there is no appearance today on behalf of either appellant (and I am informed by the registrar that they were aware of the hearing of the appeals today) and that there are no submissions filed in this Court in support of the appeals, it is appropriate that these appeals are dismissed.

[8]      An order is now made dismissing the appeals.

...................................................

D Gendall J

Solicitors:

Goodman Tavendale Reid Law

Copy to Appellants