Justo v Briggs [2016] NZCA 422 (8 September 2016)

Last Updated: 17 September 2016

IN THE COURT OF APPEAL OF NEW ZEALAND
CA373/2016 [2016] NZCA 422
BETWEEN	RICHARD JAMES JUSTO Applicant
AND	GAVIN DWAIN BRIGGS Respondent

Counsel:	L A Stevens for Applicant S W Sansom for Respondent
Judgment: (On the papers)	8 September 2016 at 10.00 am

JUDGMENT OF FRENCH J

The application for an extension of time in which to appeal is granted.

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REASONS

[1] The applicant, Mr Justo, wishes to appeal a judgment of Simon France J in the High Court at Nelson dated 30 June 2016.^[1] The last day for bringing the appeal within the time frames stipulated by r 29 of the Court of Appeal (Civil) Rules 2005 was 28 July 2016. Mr Justo’s lawyers duly filed a notice of appeal in this Court on 28 July 2016, but failed to serve it on the respondent. That was not actioned until 1 August 2016.
[2] The failure to serve the appeal on the respondent by 28 July 2016 means Mr Justo is now required to seek an extension of time under r 29A in order to be able to proceed with his appeal.
[3] The respondent initially opposed an extension of time being granted, but has changed his mind and now consents.
[4] I am satisfied the matter may be dealt with on the papers and that in the circumstances the application should be granted. The delay was very short; it has not caused the respondent any prejudice; and it was due to an oversight on the part of Mr Justo’s legal representatives.
[5] The application for an extension of time in which to appeal is duly granted.
[6] There is no order as to costs.

Solicitors:
Stevens Orchard Lawyers Ltd, Nelson for Applicant
Richmond Law, Nelson for Respondent

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^[1] Justo v Briggs [2016] NZHC 1464.