Musson v Sovereign Assurance Company Limited HC Invercargill CIV-2010-425-000351 [2011] NZHC 408 (6 April 2011)

Last Updated: 16 June 2011

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

_{CIV-2010-425-000351}

BETWEEN ANTHONY PHILLIP MUSSON Appellant

AND SOVEREIGN ASSURANCE COMPANY LIMITED

Respondent

Hearing: 5 April 2011

Counsel: Appellant in person

K Alliston for Respondent

Judgment: 6 April 2011

JUDGMENT OF LANG J

_{(on application for leave to appeal)}

This judgment was delivered by me on Wednesday, 6 April 2011 at 4pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

K Alliston, ASB Legal, DX CX10087, Auckland.

Copy to:

A P Musson, 8 Thule Road, Stewart Island.

MUSSON V SOVEREIGN ASSURANCE COMPANY LIMITED HC INV CIV-2010-425-000351 6 April 2011

[1] On 5 May 2010 Mr Musson obtained judgment against the respondent in respect of the surrender value of three insurance policies that he had taken out with the respondent. The respondent subsequently paid the judgment sum (less costs awarded to it by the Court) into court and Mr Musson has now uplifted those monies.

[2] On 20 July 2010 Mr Musson filed a document in this Court purporting to be a notice of appeal against the decision given in the District Court. Because he was out of time he required leave to file that document.

[3] By Minutes dated 18 October 2010 and 7 February 2011 Fogarty J required Mr Musson to provide the Court and the respondent with sustainable and relevant grounds of appeal. He warned Mr Musson that, unless he took that step, his application for leave to appeal would be dismissed.

[4] Mr Musson filed no further documents after 7 February 2011. When he appeared at the hearing yesterday, he advised me that he proposed to rely on the documents he had already filed. Those documents, however, have no bearing on the surrender value of the insurance policies which were the subject of the decision in the District Court.

[5] That being the case, I am satisfied that Mr Musson has no sustainable basis upon which he can appeal against that decision.

[6] Leave to appeal is accordingly refused.

...................................

Lang J