The Vintage Aviator Limited v DeMarco

[2021] NZHC 1805

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2017-485-001027

[2021] NZHC 1805

BETWEEN

THE VINTAGE AVIATOR LIMITED

First Plaintiff/First Counterclaim Defendant

PETER ROBERT JACKSON, FRANCES ROSEMARY WALSH and

PHILIPPA JANE BOYENS (as trustees of Film Property Trust)
Second Plaintiffs/Second Counterclaim Defendants

AND

EUGENE JOHN DEMARCO including as trustee of the Airflight Trust

First Defendant/First Counterclaim Plaintiff

OLD STICK & RUDDER CO LIMITED

Second Defendant/Second Counterclaim Plaintiff

CIV-2018-485-000417

BETWEEN

OLIVER WULFF
Plaintiff

AND

EUGENE JOHN DEMARCO

First Defendant

THE OLD STICK & RUDDER CO LIMITED

Second Defendant

Hearing:

14 and 15 July 2021

Appearances:

B A Scott and J E Henderson for The Vintage Aviator Ltd, the trustees of the Film Property Trust and Sir Peter Jackson

M G Colson and D W Ballinger for Mr Oliver Wulff S J Fraser for The Old Stick & Rudder Co Ltd

No appearance for Mr E J DeMarco (a bankrupt)

Judgment:

15 July 2021

THE VINTAGE AVIATOR LIMITED v EUGENE JOHN DEMARCO including as trustee of the Airflight Trust [2021] NZHC 1805 [15 July 2021]

JUDGMENT OF GRICE J

(results judgment (application for leave to appeal judgment debarring defendant and stay pending appeal)

[1]    The second defendant’s application for leave to appeal the decision of the Associate Judge declining leave to defend the application (except to present submissions) as a result of failure to comply with an unless order is dismissed. The associated stay application is also dismissed.

[2]    Leave to amend the application for a stay to extend pending appeals of decisions: first, of the Associate Judge to strike out parts of the statement of defence and counterclaim and secondly, an appeal against Mr DeMarco’s conviction following a jury trial in 2019 is declined.

[3]    Counsel indicated costs had been categorised on a 2B basis. They are reserved in the circumstances.

[4]The Reasons Judgment will follow in due course.

Grice J

Solicitors:

Chapman Tripp, Wellington, for The Vintage Aviator, the trustees of the Film Property Trust and Sir Peter Jackson

Finn Collins, Wellington, for Oliver Wulff Civil Aviation Authority, Wellington

John Miller Law, Wellington, for Eugene DeMarco and The Old Stick & Rudder Co Ltd