Siemer v Complete Construction Ltd

The appellant in each appeal is Mr Vincent Siemer. He appeals against three decisions of the High Court, arguing that the orders made under the repealed s 88B of the Judicature Act 1908 should be treated as being for three years and not five years, and that the term of the order should run from the date it was made. The question of how the transitional provisions in the Senior Courts Act 2016 affect such orders is addressed in the course of the appeal. The Court of Appeal concludes that the default position under the transitional provisions is for the orders to be treated as being for three years. The Court also concludes that the time from which the order runs is the date on which it was made. The appeals are allowed in part. In Siemer v Auckland High Court (CA72/2020) the Court orders that the decision of Downs J is set aside and Mr Siemer is entitled to costs for a standard appeal on a band A basis and usual disbursements. In Siemer v Registrar of the Supreme Court (CA86/2021) the Court allows the appeal in part, sets aside the decision of Downs J and remits the matter to the High Court for reconsideration. In Siemer v Complete Construction Ltd (CA556/2019) the Court allows the appeal, sets aside the costs order in the High Court and remits the application to set aside the bankruptcy notice to the High Court for hearing.