ANZA Distributing New Zealand Limited v USG Interiors Pacific Limited

[2009] NZCA 391

IN THE COURT OF APPEAL OF NEW ZEALAND

CA266/2008
[2009] NZCA 391

BETWEENANZA DISTRIBUTING NEW ZEALAND LIMITED

Appellant

ANDUSG INTERIORS PACIFIC LIMITED

Respondent

Court:Glazebrook, Robertson and Ellen France JJ

Counsel:E Orlov and N Adjei for Appellant

M R Crotty and G A Lawery for Respondent

Judgment:4 September 2009 at 10.00 am

(On the Papers)

JUDGMENT OF THE COURT

The application to bring an appeal out of time is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Glazebrook J)

[1]       We refer to the Court’s minute of 26 August 2009.  In that minute we referred to Mr and Mrs Misbin’s application (purportedly on behalf of ANZA) to bring an appeal out of time against Associate Judge Robinson’s decision of 12 March 2008.

[2]       We also referred to counsel’s letter of 19 June 2009 and accompanying memorandum which acknowledged that their clients (Mr and Mrs Misbin) do not have the authority to bring proceedings in the name of ANZA and asking for an adjournment until High Court applications to bring proceedings in the name of ANZA were decided.

[3]       We expressed the view that, given our decision in H A Misbin and J H Misbin v USG Interiors Pacific Ltd [2009] NZCA 379 declining an extension of time to appeal against Cooper J’s decision of 3 November 2008, the application with regard to Associate Judge Robinson’s judgment must also be declined.

[4]       We gave counsel the opportunity to file a memorandum setting out any reasons why the application should not be dismissed.

[5]       Counsel were told that, if no memorandum was received from Mr and Mrs Misbin by 5.00 pm on Tuesday 1 September 2009, the application would be dismissed.  No memorandum has been received and the application is dismissed accordingly.

Solicitors:
Botany Law, Auckland for Appellants
Russell McVeagh, Auckland for Respondent