ANZ BANK NEW ZEALAND LIMITED v BUSHLINE TRUSTEES LIMITED AND STEPHEN DANIEL COOMEY AS TRUSTEES OF BUSHLINE TRUST ONE, [2019] NZSC 115
The Supreme Court granted leave because the appeal raised an arguable question of law of sufficient general importance—specifically whether the Court of Appeal was correct to allow the appeal from the High Court—and certified that question for determination.
Source-derived case information.
- Citation
- [2019] NZSC 115
- Parties
- Applicant: ANZ Bank New Zealand Limited; First Respondent: Bushline Trustees Limited and Stephen Daniel Coomey as Trustees of Bushline Trust One; First Respondent: Bushline Trustees Limited and Sharon Louise Coomey as Trustees of Bushline Trust Two; Second Respondent: Robert Lewis England
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 October 2019
- Procedural Posture
- Leave to Appeal to the Supreme Court / Leave to Appeal Granted; Approved Question Certified for Appeal
- Outcome
- Leave to appeal granted and a specific question for the appeal was approved.
- Legal Topics
- Leave to Appeal, Correctness of Appellate Decision, Priority of Security, Trustees' Obligations
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANZ Bank New Zealand Limited
Applicant
Bushline Trustees Limited and Stephen Daniel Coomey as Trustees of Bushline Trust One
First Respondent
Bushline Trustees Limited and Sharon Louise Coomey as Trustees of Bushline Trust Two
First Respondent
Robert Lewis England
Second Respondent
Procedural Posture
Leave to Appeal to the Supreme Court / Leave to Appeal Granted; Approved Question Certified for Appeal
Legal Issues
- 1 Whether the Court of Appeal was correct to allow the appeal from the High Court
- 2 Whether leave to appeal should be granted to resolve the question
Ratio Decidendi
The Supreme Court granted leave because the appeal raised an arguable question of law of sufficient general importance—specifically whether the Court of Appeal was correct to allow the appeal from the High Court—and certified that question for determination.
Court Disposition
Leave to appeal granted and a specific question for the appeal was approved.
Orders
- Leave to appeal granted
- Approved question for appeal: whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19)
Full Case Text
Judgment text and source record
1 paragraphs
ANZ BANK NEW ZEALAND LIMITED v BUSHLINE TRUSTEES LIMITED AND STEPHEN DANIELCOOMEY AS TRUSTEES OF BUSHLINE TRUST ONE, [2019] NZSC 115 [15 October 2019]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 64/2019[2019] NZSC 115BETWEEN ANZ BANK NEW ZEALAND LIMITEDApplicantAND BUSHLINE TRUSTEES LIMITED ANDSTEPHEN DANIEL COOMEY ASTRUSTEES OF BUSHLINE TRUST ONE,AND BUSHLINE TRUSTEES LIMITEDAND SHARON LOUISE COOMEY ASTRUSTEES OF BUSHLINE TRUST TWOFirst RespondentsROBERT LEWIS ENGLANDSecond RespondentCourt: Winkelmann CJ, O'Regan and Ellen France JJCounsel: S M Hunter, M C Sumpter and D T Street for ApplicantM D Branch for First RespondentsA C Challis and D P Turnbull for Second RespondentJudgment: 15 October 2019JUDGMENT OF THE COURTA Leave to appeal is granted (Bushline Trustees Ltd v ANZBank New Zealand Ltd [2019] NZCA 245).B The approved question is whether the Court of Appeal wascorrect to allow the appeal from the judgment of the HighCourt (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd[2017] NZHC 2520, [2018] NZCCLR 19).____________________________________________________________________Solicitors:Chapman Tripp, Auckland for ApplicantHarkness Henry, Hamilton for First RespondentMcElroys, Auckland for Second Respondent