Auckland accountant John Nobilo is fighting to appeal a High Court decision that ruled he cannot sue his estranged wife.
Earlier this year, the High Court at Auckland ruled Mr Nobilo could not sue former partner Deborah Nobilo on behalf of their company for damages he claims happened after they split and she took most of the clients with her.
The pair split in 2012 after more than 20 years of marriage. They ran a North Shore accounting business, Nobilo & Co, and since the split they have disagreed on their division of assets.
Mr Nobilo said Mrs Nobilo took 70% of their clients and he estimated his loss was between $250,000 and $400,000.
Associate Judge David Abbott in the High Court said it was “preferable” the couple tried to resolve their issues in the existing relationship property proceeding at the Family Court.
However, Mr Nobilo now wants to go to the Court of Appeal and, according to a recent decision, has filed a notice of appeal to that effect. It was received one day late, although dispatched in time.
Mrs Nobilo opposed the application: She said the appeal lacked merit and did not raise any issue of public importance. She conceded she was not prejudiced by the appeal application arriving late.
Court of Appeal judges Christine French, Forrest Miller and Doug White said in their decision where the delay was just one day and was not caused by Mr Nobilo or his lawyers the interests of justice were plainly in Mr Nobilo’s favour.
“Indeed, in the circumstances, it is surprising that Mrs Nobilo opposed the application,” they said.
Mr Nobilo was permitted to file his appeal and seek a date for the hearing. The court ordered Mrs Nobilo pay Mr Nobilo’s costs because her grounds for opposing were weak and “it should have been clear to her an extension would be granted.”
Victoria Young
Tue, 01 Jul 2014
Tue, 01 Jul 2014
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Husband fights for appeal in accounting split
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