Avison v McFarlane [2014] NZCA 469 (25 September 2014)

Last Updated: 29 September 2014

IN THE COURT OF APPEAL OF NEW ZEALAND
CA498/2014 [2014] NZCA 469
BETWEEN	NGAIRE JANE ELIZABETH AVISON Applicant
AND	WAYNE JAMES MCFARLANE, NGAIRE JANE ELIZABETH AVISON AND DAVID WILLIAM BUTLER AS TRUSTEES OF THE AVIAN TRUST First Respondents
	WAYNE JAMES MCFARLANE Second Respondent

Counsel:	J C Gwilliam for Applicant R J B Fowler QC for Respondents
Judgment: (On the papers)	25 September 2014 at 3.00 pm

JUDGMENT OF FRENCH J

1. The application for an extension of time to appeal under r 29A of the Court of Appeal (Civil) Rules 2005 is granted.
2. The appeal must be lodged within five working days of the date of this judgment.

100. There will be no order as to costs.

____________________________________________________________________

REASONS

[1] The applicant wishes to appeal a decision of Associate Judge Smith delivered in the High Court at Wellington on 12 August 2014.^[1]
[2] The last day for filing a notice of appeal was 9 September 2014.
[3] The application for an extension of time, made under r 29A of the Court of Appeal (Civil) Rules 2005, was filed on 11 September 2014.
[4] The delay arose out of the need to obtain better instructions from Ms Avison as to whether she wished to pursue an appeal given that the proceedings are still live in the High Court and have not yet been fully determined.
[5] The first and second respondents consent to the application being granted. I am satisfied that it may be dealt with on the papers and that the application should be granted. The delay is minimal, there is a reasonable explanation for the delay and there is no prejudice to the respondents. It is in the interests of justice to grant the application.
[6] The appeal must be lodged within five working days of the date of this judgment.
[7] There will be no order as to costs.

Solicitors:
Main Street Legal, Upper Hutt for Applicant
Grigg & Le Page, Lower Hutt for Respondents

---

^[1] Avison v McFarlane [2014] NZHC 1889.