White v Lynch

[2016] NZCA 306

IN THE COURT OF APPEAL OF NEW ZEALAND

CA740/2015
[2016] NZCA 306

BETWEEN	AMANDA ADELE WHITE First Applicant
ANNE LEOLINE EMILY FREEMAN Second Applicant
AND	CHRISTOPHER MAURICE LYNCH First Respondent
STUART GORDON SPENCE Second Respondent

Counsel:

Applicants in person
Respondents in person

Judgment:

(On the papers)

5 July 2016 at 2.30 pm

JUDGMENT OF FRENCH J
(Review of Registrar’s Decision)

The application for a review of the Registrar’s decision refusing to accept a document for filing is declined.

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REASONS

1. Ms White and Ms Freeman filed an appeal on 23 December 2015.  On 26 May 2016 they purported to file an application for a suspension of their adjudication of bankruptcy pending appeal.  The Registrar refused to accept the document for filing.  Ms White and Ms Freeman have sought a review of the Registrar’s decision.

2. The reason given by the Registrar for his decision was that under r 43(1) of the Court of Appeal (Civil) Rules 2005 the appeal was deemed to have been abandoned on 15 April 2016.

3. On review, Ms White and Ms Freeman do not dispute there has been a failure to comply with the requirements of r 43.  However, they contend it is the Court’s fault.  They submit they would have filed their application for a suspension of adjudication in February 2016 had the Court not advised them such an application should be filed in the High Court.

4. However, that does not explain the reason for non-compliance with the requirements of r 43, which relate to preparation of the case on appeal and the obtaining of a fixture.

5. In any event, the rules are very clear.  At the time Ms White and Ms Freeman purported to file their suspension application, the appeal no longer existed for that purpose.  It was abandoned.

6. The appropriate course of action is for Ms White and Ms Freeman to revive the appeal by obtaining an extension of time under r 43(3).  I note they have in fact filed an application for such an order, which has yet to be determined.  Issues relating to the reasons for the delay can properly be addressed in that context.

7. It follows I agree the Registrar was correct to refuse to accept the document for filing and his decision is confirmed.