RPNZ Limited v Real Estate Institute of New Zealand Incorporated CA227/05

In the case of RPNZ Limited v Real Estate Institute of New Zealand Incorporated, the applicant, RPNZ Limited, sought special leave to appeal a decision of the High Court at Auckland against the respondent, the Real Estate Institute of New Zealand Incorporated. The case involved a dispute over the development of a computer database combining data from both parties for commercial use by real estate agents, valuers, and similarly interested persons. The primary issue at the High Court was whether the respondent was contractually or equitably bound by a proposal outlined in a "Decision paper," which had been approved by the respondent subject to the approval of a contract.

The Court of Appeal was tasked with deciding whether to grant special leave to appeal despite the applicant's failure to comply with the 20-working-day period for lodging an appeal as required by the Court of Appeal (Civil) Rules 2005. The appeal was lodged one day late due to an arithmetical error by the applicant's solicitors. The respondent opposed the grant of special leave, arguing that the appeal was without merit and would cause further litigation expenses and delays.

The Court of Appeal found that the appeal was not hopeless and had seriously arguable points. The delay was minimal and due to an error by the applicant's solicitors, and there was no significant prejudice to the respondent. The Court noted that such errors typically incline the Court towards granting special leave, as seen in cases like Grey v Elders Pastoral Holdings Ltd. The Court granted special leave to appeal, extending the time for appeal from 13 October 2005 to 14 October 2005. The Court also awarded costs against the applicant in the sum of $500, together with usual disbursements, finding that the respondent's continued opposition to the grant of special leave was unjustified once it had received the applicant's submissions.