G J AND L M KNOCK v KITEWAHO BUSH RESERVE COMPANY LIMITED & ANOR [2000] NZCA 332 (20 November 2000)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca233/00

	between	g j AND l m KNOCK
		Appellant

	AND	KITEWAHO BUSH RESERVE COMPANY LIMITED
		First Respondent

	and	p w mawhinney
		Second Respondent

Hearing:	20 November 2000
Coram:	Gault J Keith J Tipping J
Appearances:	D M Carden for Appellant L Ponniah for Respondents
Judgment:	20 November 2000

judgment of the court delivered by TIPPING j

[1] This application by Mr and Mrs Knock is for leave to appeal from a judgment of the High Court delivered on 20 July 1999.That judgment was given on an appeal to the High Court from a decision of the District Court dated 10 September 1997.The application to this Court was made on 25 October 2000 after the Chief Justice had refused leave to appeal from her judgment in an oral decision given in the High Court on 16 November 1999.

[2] The overall effect is that the present application to this Court was made some 15 months after the decision now sought to be appealed, and 11 months after the High Court's refusal of leave.This substantial delay is not satisfactorily explained.The references to further evidence cannot carry the applicants to their intended destination on an application of this kind. Indeed it would be difficult satisfactorily to explain a delay of this magnitude which is quite inordinate and inexcusable.For this reason alone the application must fail.We add that in any event we could discern from the record and the submissions no issue fulfilling the criteria for a second appeal.The application is therefore dismissed.

[3] Costs are reserved.If relevant on the legal aid front, memoranda may be filed.

Solicitors

Thomas & Co Solicitors, New Lynn, for Appellant

Corban Revell, Henderson, for Respondents