Dovey Place Development Limited (in liquidation) v Rider Levett Bucknell Auckland Limited

[2009] NZCA 133

IN THE COURT OF APPEAL OF NEW ZEALAND

CA583/2008
[2009] NZCA 133

BETWEENDOVEY PLACE DEVELOPMENTS LIMITED (IN LIQUIDATION)

Appellant

ANDRIDER LEVETT BUCKNALL AUCKLAND LIMITED

Respondent

Hearing:7 April 2009

Court:Chambers, Arnold and Baragwanath JJ

Counsel:C G S Nisbet in Person

G D Wadsworth for Respondent

Judgment:7 April 2009 

JUDGMENT OF THE COURT

A        THE APPEAL IS STRUCK OUT FOR WANT OF JURISDICTION.

B        NO ORDER AS TO COSTS.

REASONS OF THE COURT

(Given by Chambers J)

[1]       Mr Nisbet has purported to bring to this court an appeal against an order striking out his proceeding in the High Court.  That order striking out his proceeding was made by an Associate Judge.  It is well established that Associate Judges’ decisions on strike-out applications are not appealable to this court but are dealt with on review by the High Court: see ss 26J and 26P of the Judicature Act 1908 and New Zealand Defence Force v Berryman [2008] NZCA 392 at [4] and Vero Liability Insurance Limited v Symphony Group Limited and others [2008] NZCA 419 at [3].

[2]       Mr Wadsworth, for Rider Levett Bucknall Auckland Limited, the respondent, had not appreciated this jurisdictional problem.  He had applied to strike-out the proceedings on other grounds.  We do not need to get into those as we are satisfied that this court lacks jurisdiction to deal with the matter. 

[3]       Accordingly, if Mr Nisbet is to take this matter further he would need to apply for leave out of time to review the Associate Judge’s decision in the High Court.  Nothing in this judgment is to be taken as encouragement for that step.  We express no view at all as to whether Mr Nisbet is entitled to be acting on behalf of Dovey Place Developments Limited (in liquidation).  All we are saying is that this court does not have jurisdiction to entertain his purported appeal. 

[4]       In the circumstances of the company being in liquidation, and Mr Nisbet being a bankrupt, there will be no order as to costs. 

Solicitors:
Kennedys, Auckland, for Respondent