Safari BBQ Products Limited v Safari Vervaardiging CC

Case

[2022] NZCA 603

5 December 2022 at 11.00 am


IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA643/2022
 [2022] NZCA 603

BETWEEN

SAFARI BBQ PRODUCTS LIMITED
Applicant

AND

SAFARI VERVAARDIGING CC
Respondent

Court:

Miller and Brown JJ

Counsel:

Applicant in person
J Marcetic for Respondent

Judgment:
(On the papers)

5 December 2022 at 11.00 am

JUDGMENT OF THE COURT

A        The application is declined.

B        No order as to costs.

____________________________________________________________________

REASONS OF THE COURT

(Given by Miller J)

  1. Mr Erasmus has applied for leave to represent the applicant.  He is its director.  He explains that he is capable and prefers to use available resources to build inventory rather than pay lawyers.

  2. This falls far short of the exceptional circumstances required.[1]

    [1]Re G J Mannix Ltd [1984] 1 NZLR 309 (CA) at 314 per Cooke J and 316–317 per Somers J; and Commissioner of Inland Revenue Chesterfields Preschools Ltd [2013] NZCA 53, [2013] 2 NZLR 679 at [25]–[27] and [34].

  3. The application is declined.  No order as to costs.

Solicitors:
Chapman Tripp, Auckland for Respondent


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