Xing v Cao

[2023] NZCA 584

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA68/2023
 [2023] NZCA 584

BETWEEN	ZHONG XING Appellant
AND	ERYUN CAO First Respondent SAM NGU Second Respondent NIKUL PANSILA Third Respondent CHURTON HART AND DIVERS LIMITED Fourth Respondent XIAOQING WU Fifth Respondent TOWER LAW LIMITED Sixth Respondent

Court:	Miller and Brown JJ
Counsel:	Appellant in person R O Parmenter for First to Sixth Respondents
Judgment: (On the papers)	22 November 2023 at 10.30 am

JUDGMENT OF THE COURT

AThe application for an extension of time to comply with r 43(1) of the Court of Appeal (Civil) Rules 2005 is declined.

BThere is no order as to costs.

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REASONS OF THE COURT

(Given by Brown J)

1. Mr Xing filed an appeal against a decision of Venning J declining Mr Xing’s applications for orders removing certain caveats.[1]  Mr Xing did not pay security for costs and his appeal was deemed abandoned on 9 May 2023.  On 22 May 2023 Mr Xing filed an application for an extension of time under r 43(2) of the Court of Appeal (Civil) Rules 2005. 

   [1][Xing] v Wu [2022] NZHC 3322.

2. A joint memorandum dated 1 November 2023 has been filed, signed by Mr Xing and Mr Parmenter, counsel for the respondents, advising that Mr Xing and the respondents have reached a global settlement of most of the matters that were in contention among them.  Mr Xing seeks leave to withdraw his application for an extension of time with no order as to costs.  Mr Parmenter consents on behalf of his clients.

3. In these circumstances the application for an extension of time to comply with r 43(1) is declined.  We make no order as to costs.

Solicitors:
Carson Fox Bradley Ltd, Auckland for First to Sixth Respondents