Strange (Aka Petryszick) v Casey Farms Limited

[2024] NZSC 42

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 16/2024
 [2024] NZSC 42

BETWEEN	PETER MORRISON STRANGE (AKA PETER MORRISON PETRYSZICK) Applicant
AND	CASEY FARMS LIMITED First Respondent BROSNA FARM LIMITED Second Respondent JOTAC LIMITED Third Respondent WG BROADBENT & CO TRUSTEES LIMITED Fourth Respondent PB AND BL CASEY PARTNERSHIP Fifth Respondent

Court:	Glazebrook, Ellen France and Miller JJ
Counsel:	Applicant in person No appearance for First Respondent G N E Bradford for Second, Third and Fifth Respondents B R Webster and R J Ropati for Fourth Respondent
Judgment:	30 April 2024

JUDGMENT OF THE COURT

A        The application for leave to appeal is dismissed.

BThe applicant must pay the second, third and fifth respondents one set of costs of $1,250 and the fourth respondent costs of $1,250.

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REASONS

1. The applicant, who refers to himself as Mr Strange, seeks leave to appeal directions given by a single Judge of the Court of Appeal in the course of managing Mr Strange’s application to appeal a High Court costs judgment.[1]  The directions given were that Mr Strange not file irrelevant or abusive material when making his submissions.

   [1]Strange v Casey Farms Ltd [2023] NZHC 3319 (Associate Judge Brittain).

2. It is arguable that the decisions were a mere matter of administration and this Court lacks jurisdiction.  But rather than resolve that issue, we will approach the application on the assumption that we do.[2]  The application manifestly does not meet the statutory criteria for leave; it raises no question of general or public importance and no question of a miscarriage of justice.[3]  

   [2]See, for example, Nuku v R [2018] NZSC 96 at [8].

   [3]Senior Courts Act 2016, s 74(2).

3. The application for leave to appeal is accordingly dismissed. 

4. As the second, third, fourth and fifth respondents have filed submissions in opposition, they are entitled to costs.  The applicant must pay the second, third and fifth respondents one set of costs of $1,250 and the fourth respondent costs of $1,250.[4]

   [4]We reject the respondents’ submissions seeking indemnity costs.

Solicitors:
M J Walmsley, Paeroa for Second, Third and Fifth Respondents
Morgan Coakle, Auckland for Fourth Respondent