Nottingham fails another attempted appeal

The courts are catching up with Dermot Nottingham’s vexatious court proceedings. he has just lost another appeal in the Court of Appeal, this time to APN Limited and Lynn Prentice.

NOTTINGHAM v PRENTICE [2018] NZCA 461 [29 October 2018]

[1] Mr Nottingham seeks leave to appeal a decision of Wylie J in the High Court.

[2] In the decision at issue, Wylie J declined to grant Mr Nottingham an extension of time under s 298(4) of the Criminal Procedure Act 2011 to apply for leave to appeal two rulings and a costs judgment issued by Judge Collins in the District Court.

[3] For the reasons articulated in the decision of this Court in two other proceedings also involving Mr Nottingham, we are satisfied we do not have jurisdiction to entertain Mr Nottingham’s application. That is so whether it is characterised as an application for leave to appeal Wylie J’s decision declining to grant an extension of time, or an application for leave to appeal Wylie J’s decision declining to grant leave to appeal.

[4] The application for leave to appeal is accordingly declined.

This is a result of private prosecutions started by Nottingham in July 2015, which went to trial in June 2016 where all charges were dismissed, after which Prentice sought and was awarded costs. Nottingham appealed the decisions, losing and incurring further costs to Prentice and costs to APN.

This appeal was an attempt to challenge the costs and to appeal the dismissals.

This is related to the private prosecution of myself and Allied Press Limited. We were similarly charged (private prosecutions) but the charges were withdrawn at a hearing seeking the charges be dismissed, just after the Prentice/APN charges were dismissed. We were subsequently awarded costs, Nottingham lost a High Court Appeal and then lodged an appeal to the Court of Appeal. We are waiting for a judgment on ‘seeking leave to appeal’.

The other proceedings referred to above involving Nottingham are in a single judgment HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018]:

[33] The application in CA670/2017 for leave to appeal against the decision in the High Court refusing leave is declined on the basis that the Court has no jurisdiction to hear such an application.

[34] The application in CA733/2017 for leave to appeal against the decision in the High Court refusing to grant an extension of time to appeal against a costs order is declined on the basis that the Court has no jurisdiction to hear such an application.

Despite it being clear that the Court has no jurisdiction to hear Nottingham’s applications, he is trying to appeal to the Supreme Court.

This is despite him being adjudicated bankrupt due to an unwillingness and/or inability to pay court costs already incurred- see HONEY v NOTTINGHAM [2018] NZHC 2382 [11 September 2018].

As he is insolvent (by his own admission) Nottingham seems unlikely to be able to pay any existing costs let alone more costs incurred through his ongoing attempts to appeal and re-litigate.

This is a hopeless waste of Court time and resources, and I believe there is malice involved – trying to incur as many costs as possible with no ability or intention to pay costs awarded against him.

 

Leave a comment

5 Comments

  1. Gezza

     /  November 1, 2018

    Nottingham fails another attempted appeal

    Enjoyed that heading immensely. Will just go and microwave some dinner and then come back and enjoy the rest.

    Reply
  2. Alan Wilkinson

     /  November 1, 2018

    New Zealand’s greatest loser?

    Reply
    • Gezza

       /  November 1, 2018

      Seems to be a professional at it now. Costly sport I imagine, being a professional loser.

      Reply
  1. Nottingham fails again in Court of Appeal, judicial system faltering | Your NZ
  2. Nottingham fails in Supreme Court appeal | Your NZ

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s