Neighbours' 10-year-old dispute ends in court

A dispute between two Wellington neighbours nearly 10 years ago has had its final day in court.

The Court of Appeal yesterday dismissed Gregory Dellabarca's appeal for special leave to appeal out of time his assault conviction from 1997.

Mr Dellabarca struck his neighbour on the arm in February 1997 after an ongoing dispute about the boundaries of their properties.

He was charged with assault, which he contested on the grounds he was defending his wife.

Mr Dellabarca was found guilty and fined $500. His subsequent appeal was dismissed in December 1997.

In January 2004, Mr Dellabarca sought to file a second appeal in the High Court in Wellington, but his application was dismissed.

In April this year, Mr Dellabarca sought special leave from the Court of Appeal to appeal the 1997 decision.

In yesterday's finding, Justice Robert Chambers said the Court of Appeal found Mr Dellabarca's application was well out of time, and he had made no attempt to explain the delay.

The court could not countenance extending time to allow a late application and dismissed Mr Dellabarca's application.

- NZPA