| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA212/2013 [2013] NZCA 441 |
| BETWEEN | JOHN CARNE MURRAY |
| AND | THE HUMAN RIGHTS REVIEW TRIBUNAL GISBORNE DISTRICT COUNCIL |
| Hearing: | 16 September 2013 |
Court: | O’Regan P, Ellen France and Wild JJ |
Counsel: | Applicant in person |
Judgment: | 25 September 2013 at 11 am |
JUDGMENT OF THE COURT
A The application for an extension of time to appeal is dismissed.
BThe applicant must pay the second respondent costs for a standard application on a band A basis and usual disbursements.
____________________________________________________________________
REASONS OF THE COURT
(Given by O’Regan P)
Introduction
Mr Murray seeks an extension of time to appeal against a decision of Williams J delivered in the High Court on 18 December 2012.[1] The application is opposed by the second respondent, the Gisborne District Council (the Council). The first respondent, the Human Rights Review Tribunal (the Tribunal), abides the Court’s decision and was not represented at the hearing of the application.
Relevant law
The application is made under r 29A of the Court of Appeal (Civil) Rules 2005. As this Court said in My Noodle Ltd v Queenstown Lakes District Council, a number of factors are relevant to a decision whether to extend time.[2] These factors include the reason for the delay, the length of the delay, the conduct of the parties and the extent of any prejudice caused by the delay. However, an applicant for an extension of time is seeking an indulgence from the Court, and the Court will not grant such an indulgence in a case where the proposed appeal has no merit.[3] As was also made clear in Havanaco Ltd v Stewart, the ultimate test is whether granting the extension of time would meet the overall interests of justice.[4]
Background
[2]My Noodle Ltd v Queenstown-Lakes District Council [2009] NZCA 224, (2009) 19 PRNZ 518 at [19].
[3]Havanaco Ltd v Stewart (2005) 17 PRNZ 622 (CA) at [22].
[4]At [5].
There is a protracted history to the litigation involving the parties to the present application. It is not necessary for us to traverse it in this judgment, but the judgment of Williams J gives a summary of the particular concern which appears to have motivated Mr Murray.
For present purposes all that needs to be said is that Mr Murray had commenced judicial review proceedings against the Tribunal. Because the Council had been involved in the Tribunal proceedings, it was also a defendant in those judicial review proceedings.
Mr Murray’s judicial review application was motivated by his concern that the Tribunal had treated as facts certain allegations that had been made against him. In a statement of claim in the High Court, the relief he sought was an “order for the Tribunal to rescind their decision”.
The Court appointed Mr Hodson QC as amicus curiae (counsel to assist the Court).…
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- Case
- [2013] NZCA 441
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