David Dawson Bruns v Wadsworth Norton
[2000] NZCA 339
•20 November 2000
| IN THE COURT OF APPEAL OF NEW ZEALAND | CA178/99 |
| BETWEEN | DAVID DAWSON BRUNS & OTHERS |
| Appellants |
| AND | WADSWORTH NORTON & OTHERS |
| Respondents |
CA281/98
| BETWEEN | PROPERTY RESTORATION LIMITED |
| First Appellant |
| AND | DAVID DAWSON BRUNS |
| Second Appellant |
| AND | OFFICIAL ASSIGNEE |
| Respondent |
CA291/98
| BETWEEN | DAVID DAWSON BRUNS & OTHERS |
| Appellants |
| AND | WADSWORTH NORTON & OTHERS |
| Respondents |
CA255/99
| BETWEEN | DAVID DAWSON BRUS |
| First Appellant |
| AND | PATRICIAL ELIZABETH BRUNS |
| Second Appellant |
| AND | OFFICIAL ASSIGNEE |
| Respondent |
| Hearing: | 20 November 2000 |
| Coram: | Gault J Keith J Tipping J |
| Appearances: | D D Bruns in person (written submissions) G S Caro for Official Assignee A Challis for Wadsworth Norton |
| Judgment: | 20 November 2000 |
| JUDGMENT OF THE COURT DELIVERED BY GAULT J |
Mr Bruns applied for conditional leave to appeal to the Privy Council against the judgment of this Court delivered on 28 August 2000. His application was adjourned when first listed for hearing in October. Shortly before the hearing today Mr Bruns sought a further adjournment. That was refused. He renewed the application in writing today. Adjournment was opposed by the respondents. The grounds advanced in support relate to matters other than the conduct of the proceedings presently in issue. Given the background to the various matters we were not prepared to grant any further adjournment.
The judgment of this Court dealt with four appeals. In none of them is there an appeal to the Privy Council as of right under r2(a) of the 1910 Order in Council.
The Court has a discretion to grant leave to appeal under r2(b) but none of the cases come near to meeting the requirements for leave. As appears clearly from the judgment, the appeals to this Court involved interlocutory or procedural issues, they are stale and raise no issues of general or public importance.
The application is dismissed.
Each respondent is entitled to costs which we fix at $1,000 together with reasonable disbursements including the travelling expenses of counsel approved, if necessary, by the Registrar.
Solicitors
G S Caro, Auckland for Official Assignee
McElroys, Auckland, for Wadsworth Norton
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