Williams v Housing New Zealand Corporation

[2013] NZHC 889

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2013-404-01 [2013] NZHC 889

BETWEEN  DEIDRE KARAN WILLIAMS Appellant

ANDHOUSING NEW ZEALAND CORPORATION

Respondent

Hearing:         26 April 2013

Counsel:         No appearance by or on behalf of Appellant

AJ Pollett for Respondent

Judgment:      26 April 2013

JUDGMENT OF BREWER J

SOLICITORS/COUNSEL

Oscar Hintze (Auckland) for Appellant

Meredith Connell (Auckland) for Respondent

WILLIAMS V HOUSING NEW ZEALAND CORPORATION HC AK CRI-2013-404-01 [26 April 2013]

[1]      This  is  the  fourth  call  of  this  matter.    It  has  been  called  previously  on

22 February 2013, 8 March 2013 and 12 April 2013.  On each occasion the reason for the adjournment was to enable Mr Hintze on behalf of the appellant to file his documents.  Prior to the previous callover, Mr Hintze had filed a memorandum “seeking a final adjournemnt (sic) of callover”.

[2]      Mr Hintze has not appeared today.  Neither is his client present.  Instead, the registry has provided me with an email sent at 8:43 this morning which reads as follows:

Morning raj, please tell judge I can’t make it today I sick, can bring a

certificate if he requests one

Oscar Hintze Barrister

[3]      Mr Hintze has an obligation as counsel to advance the interests of his client. He has now had four opportunities to do so and has failed.  This matter has not been

progressed as it should. Accordingly, I strike the appeal out for want of prosecution.

Brewer J