Hiroki v Gilbert HC Wellington CIV-2007-485-214

[2007] NZHC 1829

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2007-485-214

BETWEEN  BONITA HIROKI Appellant

ANDJASON RAYMOND GILBERT Respondent

Hearing:         12 June 2007

Appearances: No appearance by or for Appellant

C Nicholls for Respondent

Judgment:      12 June 2007

DECISION OF ASSOCIATE JUDGE GENDALL

[1]      On or about 25 January 2007 the appellant appealed to this Court a decision of the Family Court at Lower Hutt.

[2]      This appeal has been called before this Court on at least three prior occasions. [3]      No progress has been made with respect to the appeal.

[4]      On 22 May 2007 in this Court I made an “unless order” order which read that unless the appellant appeared today 12 June 2007 at 10 am to advance this appeal then her appeal was to be struck out.

[5]      There was no appearance today by or on behalf of the  appellant  Bonita

Hiroki.  When the matter was called the Registrar made an additional call throughout the Court for the appellant.  She did not appear.

BONITA HIROKI V JASON RAYMOND GILBERT HC WN CIV-2007-485-214  12 June 2007

[6]      That said, Mr Nicholls for the respondent sought that the appellant’s appeal be struck out in terms of the “unless order”.  It is appropriate now that this should occur.

[7]      An order is now made striking out the appeal.

[8]      Costs are awarded to the respondent with respect to this matter on a category

2B basis together with any disbursements as may be approved by the Registrar.

‘Associate Judge D.I. Gendall’

Solicitors:

C Nicholls, Lower Hutt for Respondent