Stewart v Valuation Consultations New Zealand Limited

[2012] NZCA 303

IN THE COURT OF APPEAL OF NEW ZEALAND

CA287/2012
[2012] NZCA 303

BETWEEN  WAYNE PETER STEWART AND LEE-BIN TEE
Applicants

AND  VALUATION CONSULTANTS NEW ZEALAND LIMITED
Respondent

Court:             Ellen France, Harrison and White JJ

Counsel:         D A Webb for Applicants
S A Barker for Respondent

Judgment:      12 July 2012 at 11.30am

(On the papers)

JUDGMENT OF THE COURT

The application for an extension of time to bring the appeal is granted.

____________________________________________________________________

REASONS OF THE COURT

(Given by White J)

1. The applicants have applied for an extension of time in which to bring their appeal under r 29A(4) of the Court of Appeal (Civil) Rules 2005.  The application is necessary because the appeal was filed three days late.

2. The application is made on the basis that the grounds of appeal are meritorious, there were good reasons for the short delay and there will be no prejudice to the respondent.

3. The respondent neither opposes nor consents to the application, but agrees that it may be dealt with on the papers.

4. Taking into account the relevant factors, namely the length of the delay and the reasons for it, the parties’ conduct, the extent of prejudice caused by the delay and the prospective merits of the appeal,[1] we are satisfied that in the circumstances of this case the application should be granted.

   [1]My Noodle Ltd v Queenstown-Lakes District Council [2009] NZCA 224, (2009) 19; PRNZ 518 at [19]; Barber v Cottle [2010] NZCA 31 at [6]; and Robertson v Gilbert [2010] NZCA 429 at [24].

Solicitors:
Lane Neave Lawyers, Christchurch for Applicants
Buddle Findlay, Wellington for Respondent