CLARENCE JOHN FALOON v RUTH ENID FALOON & ORS [2000] NZCA 379 (11 December 2000)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca 255/00

	between	clarence john faloon
		First Appellant

	AND	ruth enid faloon
		Second Appellant

	and	central equipment company limited
		Third Appellant

	AND	THE ATTORNEY-GENERAL
		Respondent

Hearing:

On the papers

Coram:	Richardson P Blanchard J Tipping J
Judgment:	11 December 2000

judgment of the court delivered by RICHARDSON P

[1] By consent this matter is being dealt with on the papers.

[2] Mr Faloon is seeking to appeal against the judgment of Gendall J delivered on 5 October 2000 striking out the statement of claim against the Attorney-General for some $25.6m.

[3] Appearing in person, Mr Faloon initially sought review in the High Court and on 20 November 2000 McGechan J on his own motion and pursuant to r264(4) removed the application under that Rule into this court. The Judge also discussed the possibility of a direct substantive appeal to this court against the judgment of Gendall J.The 28 day period provided in r5 of the Court of Appeal (Civil) Rules 1997 for bringing appeals to this court from that judgment had expired.The Judge recorded that if Mr Faloon elected to file an application for special leave to appeal out of time, counsel for the defendants had advised the court that provided the Notice of Appeal and the application were filed and served by the end of that week, the application would not be opposed.

[4] That application under r5 has been filed in this court.Counsel for the respondent Attorney-General consents and we are satisfied that it is appropriate in the interests of justice to grant the application.

[5] Special leave to appeal against the judgment of Gendall J is granted. The extended application for special leave may also now be treated as the formal Notice of Appeal and as having been filed today.The period of 14 days within which security for costs is to be fixed runs from today.

Solicitors

Crown Law Office, Wellington