| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA279/2018 [2019] NZCA 108 |
| BETWEEN | MADHU SAMEER |
| AND | CONROY REMOVALS LIMITED |
| Counsel: | Appellant in person |
Judgment: | 11 April 2019 at 4.00 pm |
JUDGMENT OF BROWN J
AThe application for a stay is declined.
BAn order is made that the copies of the Anderson Lloyd letter dated 20 November 2018 are to be removed from the Court file.
____________________________________________________________________
REASONS
Ms Sameer applies under r 12(3)(a) of the Court of Appeal (Civil) Rules 2005 (the Rules) for an order staying the High Court proceeding CIV-2017-409-535 pending the determination of her appeal CA279/2018. The application is opposed by the respondent (CRL).
Background
The original litigation
Ms Sameer issued proceedings in the Disputes Tribunal seeking to recover monies paid to CRL in respect of her goods that had been shipped by Right Move 4U (RM4U) from the United States to New Zealand and an order that those goods be delivered to her. CRL was RM4U’s New Zealand agent to take possession of the goods, clear them through Customs and arrange for delivery to Ms Sameer.
The Disputes Tribunal found there was a valid contract between Ms Sameer and CRL but her claim was unsuccessful and she was found liable to pay CRL $9,045.51 on its counterclaim for unpaid storage fees. Ms Sameer’s appeal to the District Court was unsuccessful and she was ordered to pay costs to CRL of $9,701.[1]
The judgment under appeal
[1]Sameer v Conroy Removals Ltd [2017] NZDC 26138.
On 11 August 2017 CRL issued a bankruptcy notice to Ms Sameer claiming payment of those two amounts. Ms Sameer applied in the High Court for an order setting the notice aside. On 17 April 2018 the High Court delivered judgment dismissing Ms Sameer’s application.[2]
Steps in this Court
The last day for filing an appeal against the High Court judgment within time was 16 May 2018. Because Ms Sameer failed to do so, it was necessary for her to seek an extension of time under r 29A of the Rules. CRL’s initial opposition was withdrawn and the application for extension was granted on 31 July 2018.[3] The timetable for steps in the appeal were to apply as from that date. Ms Sameer was required to pay security for costs of $6,600 or seek dispensation from payment by 28 August 2018. The date for compliance with r 43 was set as 31 October 2018.
[3]Sameer v Conroy Removals Ltd CA279/2018, 31 July 2018 (Minute No 2).
Ms Sameer then applied to have the filing fee waived and sought dispensation from payment of security for costs. On 11 September 2018 the Deputy Registrar dismissed the application for waiver of the filing fee. On 16 October 2018 the Deputy Registrar dismissed the application to dispense with security for costs.
In a judgment delivered…
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- AGLC
- Sameer v Conroy Removals Limited [2019] NZCA 108
- Case
- [2019] NZCA 108
- Decision Date
CaseChat Overview and Summary
The Court made an order that copies of a communication from Anderson Lloyd dated 20 November 2018 are to be removed from the Court file.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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