Robert Erwood v Janet Maxted

[2010] NZSC 143

IN THE SUPREME COURT OF NEW ZEALAND

SC 66/2010
[2010] NZSC 143

BETWEENROBERT ERWOOD

Appellant

ANDJANET MAXTED AND JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD

Respondents

BETWEENROBERT ERWOOD

Appellant

ANDJANET MAXTED AND JANET MAXTED AND ALEXANDER JAMES JEREMY GLASGOW AS TRUSTEES OF THE ESTATE OF EDWARD ERWOOD

First Respondents

ANDTHE OFFICIAL ASSIGNEE

Second Respondent

Court:Elias CJ, Blanchard and McGrath JJ

Counsel:Appellant in Person

G D Downing for Estate of Edward Erwood (electing not to make submissions)
P D McKenzie QC as amicus curiae
P R W Chisnall  for Official Assignee

Judgment:30 November 2010 

JUDGMENT OF THE COURT

A         The application for leave to appeal is granted.

BThe approved ground is whether the Court of Appeal acted incorrectly in striking out the appellant’s appeal to that Court in CA 567/07 when it struck out his appeal in CA 631/07 for non-payment of security for costs ordered in respect of CA 631/07.

Solicitors:

McFadden McMeeken Phillips, Nelson for Estate of Edward Erwood