Moore v McNabb

The case of Moore v McNabb is an appeal out of time concerning a property dispute between former de facto partners. The appellant, Bridget Mary Moore, sought leave to appeal out of time from a judgment delivered in the High Court at Christchurch, which was granted by the Court of Appeal of New Zealand. The underlying dispute related to a property dispute between the former de facto partners. The appellant succeeded in gaining an increased award from that which had been ordered in the High Court.

The legal issues that the Court of Appeal was required to decide related to the granting of leave to appeal out of time and the costs associated with the leave application. The Court had to determine whether the appellant was entitled to an increased award and whether the respondent was entitled to costs under the leave reserved, in the leave application.

The Court of Appeal allowed Mr McNabb costs of $1,500 on the leave application, in accordance with the usual principle, but did not allow GST. Mr McNabb would also have the usual disbursements, but the Court certified for only one counsel. The Court also noted that it was inappropriate to comment further on the accounting matters raised between counsel as there was no application to recall the merit judgment. The judgment must speak for itself.

In conclusion, the Court of Appeal granted leave to appeal out of time, allowed Mr McNabb costs of $1,500 on the leave application, and certified for only one counsel. The Court also noted that it was inappropriate to comment further on the accounting matters raised between counsel as there was no application to recall the merit judgment.