Southwest Contracting (2002) Limited v Power Farming New Zealand Limited
[2022] NZCA 613
•7 December 2022 at 2.30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA526/2022 [2022] NZCA 613 |
| BETWEEN | SOUTHWEST CONTRACTING (2002) LIMITED |
| AND | POWER FARMING NEW ZEALAND LIMITED |
| Court: | Miller and Brown JJ |
Counsel: | Appellant in person |
Judgment: | 7 December 2022 at 2.30 pm |
JUDGMENT OF THE COURT
A The application for leave to represent the appellant is declined.
B No order as to costs.
____________________________________________________________________
REASONS OF THE COURT
(Given by Miller J)
Mr Forde, the appellant’s director and shareholder, has sought leave to represent the company, saying he is in substance a sole trader.
There are no exceptional circumstances justifying this course of action.[1] It is unwarranted optimism to wait until the appeal succeeds, as he suggests, before taking legal advice. It is also apparent that Mr Forde believes the appeal will be heard on the papers. That is incorrect. There will be an oral hearing at which the Court will need to be persuaded that the case should be permitted to continue despite the unavailability of the machines at issue and witnesses. He has also sought to file what appears to be new evidence on appeal. That requires leave of the Court.
[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].
The application is declined. No order as to costs.
Solicitors:
Tompkins Wake, Hamilton for Respondent
0
0
0