ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT AND GOW V LEIGH SC 11/2011
Leave to appeal was granted because the central legal question—whether Mr Gow's communications to the Minister attract absolute privilege—is a significant question of law appropriately determined by the Supreme Court.
Source-derived case information.
- Citation
- ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT AND GOW V LEIGH SC 11/2011
- Parties
- Appellant: Attorney‑General in respect of the Ministry of Environment; Appellant: Lindsay Gow; Respondent: Erin Alice Leigh
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 April 2011
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal; Leave Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Absolute Privilege, Communications to Ministers, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney‑General in respect of the Ministry of Environment
Appellant
Lindsay Gow
Appellant
Erin Alice Leigh
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal; Leave Granted
Legal Issues
- 1 Whether communications by Mr Gow to the Minister for the Environment were subject to absolute privilege in defamation law
Ratio Decidendi
Leave to appeal was granted because the central legal question—whether Mr Gow's communications to the Minister attract absolute privilege—is a significant question of law appropriately determined by the Supreme Court.
Court Disposition
Leave to appeal granted
Orders
- The application for leave to appeal is granted.
- The approved ground for appeal is whether the communications by Mr Gow to the Minister for the Environment were the subject of absolute privilege.
Full Case Text
Judgment text and source record
1 paragraphs
ATTORNEY-GENERAL IN RESPECT OF THE MINISTRY OF ENVIRONMENT AND GOW V LEIGH SC 11/2011 11 April 2011IN THE SUPREME COURT OF NEW ZEALANDSC 11/2011[2011] NZSC 37BETWEEN ATTORNEY-GENERAL IN RESPECT OFTHE MINISTRY OF ENVIRONMENTAND LINDSAY GOWAppellantsAND ERIN ALICE LEIGHRespondentCourt: Elias CJ, Blanchard and Tipping JJCounsel: J G W Tizard for AppellantsC P Browne and J S Langston for RespondentJudgment: 11 April 2011JUDGMENT OF THE COURTA The application for leave to appeal is granted.B The approved ground is whether the communications by Mr Gow to the Minister for the Environment were the subject of absolute privilege.Solicitors:Oakley Moran, Wellington for AppellantsWilson Harle, Auckland for Respondent