McLean v Marshall

[2015] NZCA 138

IN THE COURT OF APPEAL OF NEW ZEALAND

CA442/2014
[2015] NZCA 138

BETWEEN	DOUGLAS WAYNE FRASER MCLEAN Appellant
AND	ROBERT RITCHIE MARSHALL Respondent

Court:

French, Miller and Cooper JJ

Counsel:

L A Andersen for Appellant
Respondent in person

Judgment:

(On the papers)

30 April 2015 at 11.00 am

JUDGMENT OF THE COURT

A        The application is granted. 

BThe appellant will have seven days after delivery of this judgment in which to take the necessary steps.  Costs of this application are reserved.

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REASONS OF THE COURT

(Given by Miller J)

1. The appellant moves for an extension of time for applying for a hearing date.

2. The appellant was required to seek a hearing date and file the case on appeal by Monday, 8 December.  He did so by DX mail sent on 4 December, but the application for allocation of a hearing date was not received in this Court until 10 December.

3. The respondent opposes saying that the papers could have been delivered in time.

4. The delay has been explained, it is very short, and the respondent has suffered no prejudice.  The application is granted.  The appellant will have seven days after delivery of this judgment in which to take the necessary steps.  Costs of this application are reserved.

Solicitors:
Bramwell Grossman, Hastings for Appellant