Justo v Briggs

[2016] NZCA 422

IN THE COURT OF APPEAL OF NEW ZEALAND

CA373/2016
[2016] NZCA 422

BETWEEN	RICHARD JAMES JUSTO Applicant
AND	GAVIN DWAIN BRIGGS Respondent

Counsel:

L A Stevens for Applicant
S W Sansom for Respondent

Judgment:

(On the papers)

8 September 2016 at 10.00 am

JUDGMENT OF FRENCH J

The application for an extension of time in which to appeal is granted.

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REASONS

1. The applicant, Mr Justo, wishes to appeal a judgment of Simon France J in the High Court at Nelson dated 30 June 2016.[1]  The last day for bringing the appeal within the time frames stipulated by r 29 of the Court of Appeal (Civil) Rules 2005 was 28 July 2016.  Mr Justo’s lawyers duly filed a notice of appeal in this Court on 28 July 2016, but failed to serve it on the respondent.  That was not actioned until 1 August 2016.

   [1]Justo v Briggs [2016] NZHC 1464.

2. The failure to serve the appeal on the respondent by 28 July 2016 means Mr Justo is now required to seek an extension of time under r 29A in order to be able to proceed with his appeal.

3. The respondent initially opposed an extension of time being granted, but has changed his mind and now consents.

4. I am satisfied the matter may be dealt with on the papers and that in the circumstances the application should be granted.  The delay was very short; it has not caused the respondent any prejudice; and it was due to an oversight on the part of Mr Justo’s legal representatives.

5. The application for an extension of time in which to appeal is duly granted.

6. There is no order as to costs.

Solicitors:
Stevens Orchard Lawyers Ltd, Nelson for Applicant
Richmond Law, Nelson for Respondent