Hung Yuen HSU & Kuei Lan HSU v Wong Mei Fang Chen & Ron Ching Chen
[2000] NZCA 96
•22 June 2000
| IN THE COURT OF APPEAL OF NEW ZEALAND | CA247/99 |
| BETWEEN | HUNG YUEN HSU & KUEI LAN HSU |
| First Appellants |
| AND | WONG MEI FANG CHEN & RON CHING CHEN |
| Second Appellants |
| AND | PHILIP WONG |
| First Respondent |
| AND | LESLEY WILFRED DIVERS, RICHMOND JOSEPH CLANCY & PHILIP WONG |
| Second Respondents |
| Hearing: | 22 June 2000 |
| Coram: | Blanchard J McGechan J Young J |
| Appearances: | G Bogiatto for Appellants G C Everard and J R Mulligan for Respondents |
| Judgment: | 22 June 2000 |
| JUDGMENT OF THE COURT DELIVERED BY BLANCHARD J |
This is an attempt to appeal from a decision of a Master striking out the whole of a proceeding. For the reasons given in Talyancich v Index Developments Ltd [1992] 3 NZLR 28, 35-37 this Court is without jurisdiction to hear an appeal. The appropriate course would have been for the plaintiffs to seek a review by a High Court Judge under s26P(1) of the Judicature Act 1908.
The appeal is accordingly dismissed with costs of $1,000 against the appellants together with the respondent’s reasonable expenses, including travel and any accommodation costs of one counsel, to be fixed if necessary by the Registrar.
Solicitors
George Bogiatto, Auckland for Appellants
Kensington Swan, Auckland for Respondents
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