Penny & Anor v Penny & Anor [2005] NZCA 156 (16 June 2005)

Court of Appeal of New Zealand

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Penny & Anor v Penny & Anor [2005] NZCA 156 (16 June 2005)

Last Updated: 29 June 2005

IN THE COURT OF APPEAL OF NEW ZEALAND

CA236/04

BETWEEN JOANNA MARIE PENNY AND IVAN CECIL JUSTIN POLSON
Appellants

AND IAN DAVID PENNY AND ALEXANDER JAMES MCPHAIL
Respondents

Hearing: 16 June 2005

Court: Chambers, O'Regan and Robertson JJ

Counsel: P F Whiteside for Appellants
D H Hicks for Respondents

Judgment: 16 June 2005

JUDGMENT OF THE COURT

A By consent, the appeal is allowed.

B By consent, the summary judgment entered in the High Court on 29 October 2004 is set aside and the proceeding is now remitted to the High Court to continue to its normal conclusion.
C With respect to the appeal, the respondents must pay to the appellants costs of $6,000 plus usual disbursements.
D The order for costs in the High Court is quashed. Costs in that court are reserved for determination by the judge who hears the substantive proceeding.

Solicitors:
Wynn Williams & Co, Christchurch, for Appellants
J L Pengelly, Christchurch, for Respondents