Simunovich Fisheries Limited, Simunovich and Wilkinson v Television New Zealand Limited

Simunovich Fisheries Limited, along with its directors Peter John Simunovich and Vaughan Hilton Wilkinson, initiated defamation proceedings against Television New Zealand Limited (TVNZ) over a programme broadcast by TVNZ about the fishing industry. The programme, described as an "Assignment Special," led the applicants to seek an order for TVNZ to produce draft scripts, which TVNZ declined on the basis of legal professional privilege. The applicants sought special leave to appeal out of time against the decision by Allan J, who had declined to make such an order. The application was heard by William Young P, Robertson, and Ellen France JJ of the Court of Appeal of New Zealand.

The primary legal issue before the Court was whether the applicants should be granted special leave to appeal out of time against the earlier decision. This involved determining if the delay in filing the notice of appeal was justified and if granting leave was in the interests of justice. The applicants argued that the brief delay was due to an oversight and that the respondent, TVNZ, consented to the grant of leave. The Court considered these factors and the potential impact on the overall interests of justice.

The Court was satisfied that granting leave was in the overall interests of justice, noting the brief delay and the respondent's consent. The application was dealt with on the papers, specifically the notice of application and the associated consent memorandum, which indicated that the respondent had no objection to the granting of leave. Consequently, the Court granted the application for special leave to appeal out of time. No order for costs was made given the circumstances of the application.