Harrison v Harrison

Case

[2022] NZCA 386

19 August 2022 at 11.00 am


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA725/2020
 [2022] NZCA 386

BETWEEN

PAULINE JANICE HARRISON
Appellant

AND

ADRIENNE HARRISON AND GRAEME ROSS HARRISON
First Respondents

NICHOLAS HAMILTON BIRDSEY
Second Respondent

RAYMOND OWEN PARMENTER
Third Respondent

CHILDFUND NEW ZEALAND LIMITED
Fourth Respondent

ASB BANK LIMITED
Fifth Respondent

Court:

Cooper P, Brown and Gilbert JJ

Counsel:

Appellant in Person

Judgment:
(On the papers)

19 August 2022 at 11.00 am

JUDGMENT OF THE COURT

The appeal is struck out.
___________________________________________________________________

REASONS OF THE COURT

(Given by Brown J)

  1. On 17 December 2020 Ms Harrison filed an appeal against a judgment of the High Court delivered on 19 November 2020 which made orders striking out two proceedings brought by Ms Harrison.[1]

    [1]Harrison v Harrison [2020] NZHC 3066.

  2. A decision of the Deputy Registrar dated 22 September 2021 declined Ms Harrison’s request for dispensation from the requirement to pay security for costs but reduced the amount payable by Ms Harrison to $14,120.00. 

  3. Ms Harrison’s application for review of the Deputy Registrar’s decision was declined in a judgment dated 13 June 2022.  Ms Harrison was directed to pay security for costs in the sum of $14,120.00 by 12 July 2022.[2]  The judgment advised that if she failed to comply with that direction her appeal would be struck out.

    [2]     Harrison v Harrison [2022] NZCA 246.

  4. Ms Harrison failed to pay security for costs by 12 July 2022.  Accordingly her appeal is struck out under r 37(1) of the Court of Appeal (Civil) Rules 2005.


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Cases Citing This Decision

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Cases Cited

2

Statutory Material Cited

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Harrison v Harrison [2020] NZHC 3066
Harrison v Harrison [2022] NZCA 246