BRIGGS & STRATTON NEW ZEALAND LTD V GEOFFREY SCHOLEFIELD GWILT COA CA499/2010

The Court refused the application for leave because the applicant did not meet the requisite threshold to justify granting leave to appeal; accordingly the application was dismissed and costs were ordered to lie where they fall.

Source-derived case information.

Citation: COA CA499/2010
Parties: Applicant: Briggs & Stratton New Zealand Ltd; Respondent: Geoffrey Scholefield Gwilt
Court: Court of Appeal
Jurisdiction: New Zealand
Judgment Date: 29 November 2011
Procedural Posture: Application for Leave to Appeal / Court of Appeal Decision on Leave Application
Outcome: Application for leave to appeal dismissed; costs shall lie where they fall.
Legal Topics: Leave to Appeal, Dismissal of Leave Application, Costs Order

Civil Procedure Appellate Practice Costs Leave to Appeal Dismissal of Leave Application Costs Order

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2

Parties

Briggs & Stratton New Zealand Ltd

Applicant

Geoffrey Scholefield Gwilt

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Leave Application

Legal Issues

1 Whether leave to appeal should be granted

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed; costs shall lie where they fall.

Orders

The application for leave to appeal is dismissed.
Costs shall lie where they fall.

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