Ford and Ford v Ryan and Ryan

[2008] NZCA 57

IN THE COURT OF APPEAL OF NEW ZEALAND

CA38/2008
[2008] NZCA 57

BETWEENSIMON GERARD FORD AND LYNETTE DALE FORD

Applicants

ANDANDREW JAMES RYAN AND LEISA JANE RYAN

Respondents

Court:O'Regan, Robertson and Arnold JJ

Counsel:A S McIntyre for Applicants

B A Gibson for A J Ryan
C A Matsis for L J Ryan

Judgment:14 March 2008 at 10 am

(on the papers)

JUDGMENT OF THE COURT

Special leave to appeal out of time is granted.

REASONS OF THE COURT

(Given by Arnold J)

[1]       This is an application for special leave to appeal out of time against a judgment of MacKenzie J given on 13 December 2007: HC WN CIV 2005-485-845.  The application is made under r 29(4) of the Court of Appeal (Civil) Rules 2005.

[2]       Counsel for the respondents have filed memoranda indicating that they consent to the granting of special leave.  In light of that, Arnold J directed that the application be dealt with on the papers, pursuant to r 26(4)(b)(ii).

[3]       MacKenzie J delivered his judgment on 13 December 2007.  The applicants filed their notice of appeal on 30 January 2008, within the 20 working day period provided for in the Rules.  The respondents were advised of this.  Unfortunately, as a result of an oversight on the part of the applicants’ lawyers, the notice of appeal was not served on the respondents until 12 February 2008.  Accordingly the appeal was not “brought” within the required time period (r 31(1)). 

[4]       In these circumstances we consider that special leave to appeal should be granted.

Solicitors:

B Ranford, Waikanae for Applicants
B A Gibson, Wellington for A J Ryan
Gault Mitchell Lawyers, Wellington for L J Ryan