Deliu v New Zealand District Court at Auckland

[2024] NZCA 593

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA611/2024
 [2024] NZCA 593

BETWEEN	FRANCISC CATALIN DELIU Applicant
AND	NEW ZEALAND DISTRICT COURT AT AUCKLAND First Respondent THE KING Second Respondent

Counsel:	Applicant in person No appearance for First Respondent (abides) D P Neild and S R Hiha for Second Respondent
Judgment: (On the papers)	14 November 2024 at 11 am

JUDGMENT OF MALLON J

AThe application for an extension of time in which to appeal is granted. 

BThe applicant is to file his notice of appeal against the costs decision by 5.00 pm 26 November 2024.

C    The appeal against the costs decision should be heard alongside the appeal against the substantive judgment (CA420/2024). 

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REASONS

1. Mr Deliu has appealed a decision of Gorman J in the High Court dismissing his application for judicial review (the substantive judgment).[1]  Subsequently, O’Gorman J issued her costs decision on the substantive judgment (the costs decision).[2]  In the costs decision, Mr Deliu was ordered to pay costs to the second respondent in the sum of $11,094.18.[3] 

   [1]Deliu v New Zealand District Law Society [2023] NZHC 1693.

   [2]Deliu v New Zealand District Law Society [2024] NZHC 2276.

   [3]At [7].

2. Mr Deliu now seeks an extension of time to appeal the costs decision.[4]  The second respondent does not oppose the extension.  I agree that it is appropriate to grant the extension.  The delay in pursuing an appeal was short.  The reason for the delay was that he had made an application to the Judge to recall the costs decision.  Once the recall application was declined, Mr Deliu filed his application on the same day.  There is no prejudice to the second respondent in granting the extension.

   [4]Pursuant to r 29A of the Court of Appeal (Civil) Rules 2005. 

3. The application for an extension of time is therefore granted.  Mr Deliu is to file his notice of appeal against the costs decision by 5.00 pm 26 November 2024.  The appeal against the costs decision should be heard alongside the appeal against the substantive judgment.

Solicitors:
Crown Law Office | Te Tari Ture o te Karauna, Wellington for Respondent