John Phillip Dorn v The Hauraki District Council

Case

[2000] NZCA 87

19 June 2000


IN THE COURT OF APPEAL OF NEW ZEALAND CA114/00
BETWEEN JOHN PHILLIP DORN

Appellant

AND THE HAURAKI DISTRICT COUNCIL

Respondent

Hearing: 19 June 2000
Coram: Henry J
Thomas J
Keith J
Appearances: Appellant in person
No appearance for Respondent
Judgment: 19 June 2000

JUDGMENT OF THE COURT DELIVERED BY HENRY J

  1. Mr Dorn has filed an application for leave to appeal out of time, the application being directed to what is in fact a Minute of Fisher J issued on 15 December 1999.   In the course of that Minute certain directions relating to proceedings before the High Court were given.   There is accordingly no jurisdiction for this Court to entertain an appeal and the present application must therefore stand dismissed.

  2. Mr Dorn has indicated that he became aware this morning for the first time that the Hauraki District Council had been dismissed from the proceedings in question pursuant to an order made by Master Kennedy-Grant on 15 October 1999.   He advises that neither he nor his counsel or solicitors were advised of the hearing at which that order was made.   The appropriate remedy, if any, available to him in the light of those circumstances is to seek either a rehearing of that application to dismiss, or a review by a High Court Judge of the Master’s order, or both.

  3. Application for leave to appeal dismissed.

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