Lincoln v New Zealand Law Society

[2020] NZSC 4

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

SC 132/2019

[2020] NZSC 4

BETWEEN

RICHARD LINCOLN

Applicant

AND

NEW ZEALAND LAW SOCIETY

Respondent

Court:

Winkelmann CJ, Glazebrook and O’Regan JJ

Counsel:

Applicant in Person

P N Collins for Respondent

Judgment:

14 February 2020

JUDGMENT OF THE COURT

AThe application for an extension of time to file an application for leave to appeal is dismissed.

BThe applicant must pay costs of $2,500 to the respondent.

REASONS

Introduction

[1]                 Mr Lincoln applies for leave to appeal against a decision of the Court of Appeal[1] dismissing his appeal against a High Court decision of 23 November 2018, in which Dunningham J held that Mr Lincoln does not satisfy the character requirements to be admitted as a barrister and solicitor of the High Court of New Zealand.[2]

RICHARD LINCOLN v NEW ZEALAND LAW SOCIETY [2020] NZSC 4 [14 February 2020]

[1] Lincoln v New Zealand Law Society [2019] NZCA 442 (Collins, Wylie and Ellis JJ).

[2] Lincoln v New Zealand Law Society [2018] NZHC 3050 (Dunningham J) at [76].

[2]                 Mr Lincoln’s application for leave to appeal to this Court is some two months out of time. His application for an extension of time is opposed by the respondent.

Our assessment

[3]                 No adequate excuse has been provided for the late filing of this application for leave to appeal.

[4]                 In any event, we do not consider the criteria for leave are met.[3] The decisions below do not raise any issues of principle.  They are based on the particular facts.  We do not consider there is any risk of a miscarriage of justice.[4] There are concurrent findings in the Courts below and nothing raised by Mr Lincoln suggests that the conclusion reached by those Courts may have been in error.

Result

[3] Senior Courts Act 2016, s 74.

[4] In the sense required in civil cases. See Junior Farms Ltd v Hampton Securities Ltd (in liq) [2006] NZSC 60, (2006) 18 PRNZ 369 at [4]–[5]; and Shell (Petroleum Mining) Co Ltd v Todd Petroleum Mining Co Ltd [2008] NZSC 26, (2008) 18 PRNZ 855 at [4].

[5]                 Mr Lincoln’s application for an extension of time to file his application for leave to appeal is dismissed.

[6]The applicant must pay costs of $2,500 to the respondent.

Solicitors:
New Zealand Law Society, Wellington for Respondent