Nottingham v Prentice

[2018] NZCA 461

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA199/2018
 [2018] NZCA 461

BETWEEN	DERMOT GREGORY NOTTINGHAM Applicant
AND	KELVIN LYNN PRENTICE First Respondent
AND	APN NEWS & MEDIA LIMITED Second Respondent

Court:	French, Simon France and Moore JJ
Counsel:	Applicant in person N S Tabb for First Respondent A L Ringwood for Second Respondent
Judgment: (On the papers)	29 October 2018 at 11 am

JUDGMENT OF THE COURT

The application for leave to appeal is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by French J)

1. Mr Nottingham seeks leave to appeal a decision of Wylie J in the High Court.[1]

   [1]Nottingham v APN News & Media Ltd [2018] NZHC 596.

2. In the decision at issue, Wylie J declined to grant Mr Nottingham an extension of time under s 298(4) of the Criminal Procedure Act 2011 to apply for leave to appeal two rulings and a costs judgment issued by Judge Collins in the District Court.[2] 

   [2]Nottingham v APN News and Media Ltd [2016] NZDC 11154; Nottingham v APN News and Media Ltd [2016] NZDC 11198; and Nottingham v Prentice [2017] NZDC 18603.

3. For the reasons articulated in the decision of this Court in two other proceedings also involving Mr Nottingham,[3] we are satisfied we do not have jurisdiction to entertain Mr Nottingham’s application.  That is so whether it is characterised as an application for leave to appeal Wylie J’s decision declining to grant an extension of time, or an application for leave to appeal Wylie J’s decision declining to grant leave to appeal.

   [3]Nottingham v District Court at Auckland [2018] NZCA 345 at [15]–[23] and [27]–[32].

4. The application for leave to appeal is accordingly declined.

Solicitors:
Bell Gully, Auckland for Second Respondent