H v Police HC Invercargill CRI 2007-425-8

[2007] NZHC 853

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CRI 2007-425-000008

H

Appellant

v

POLICE

Respondents

Hearing:         4 September 2007

Appearances: No appearance for Appellant

M Sinclair for Respondent (by video link) Judgment: 4 September 2007

JUDGMENT OF FOGARTY J

[1]      This case was called this morning.  Earlier in response to an application on

15 August I gave Ms Murdoch, counsel for the appellant, leave to withdraw.  This appeal has had a long history.  There have been a number of hearings:  26 March

2007, 20 June 2007, 8 September 2007.  I have been continually dissatisfied with the disclosure  by  the  appellant  of  her  circumstances.    Full  disclosure  is  important because the substance of her appeal is that her financial circumstances, as relied upon by the Judge when making the order for reparation, were different materially so

that she could not afford to pay the sums required by the order of the District Court.

H V POLICE  HC INV CRI 2007-425-000008  4 September 2007

[2]      As I have observed at the various hearings, and recorded in minutes dated

26 March and 20 June respectively, the information that the appellant has provided to her counsel, Ms Murdoch, is incomplete and/or does not reconcile with the affidavit in support of the appeal.

[3]      I am satisfied that Ms H   was fully aware that this matter was going to be called today.  It is not possible to consider the merit of the application for leave to appeal out of time, let alone the appeal, based on an inability to pay, when the appellant does not fully disclose her financial position.

[4]      Accordingly, the application for leave to appeal out of time is dismissed.

Solicitors:

Preston Russell Law, Invercargill, for Respondent