CHESTERFIELDS PRESCHOOLS LIMITED V COMMISSIONER OF INLAND REVENUE & OTHERS HC CHCH CIV-2008-409-000995
Leave to appeal was granted because the case raised issues of law of general public importance for the Crown and the plaintiffs did not oppose the application.
Source-derived case information.
- Citation
- openlaw-03d1b6c6_1d1e_4a41_a35c_689deab67354.pdf
- Parties
- First Plaintiff: Chesterfields Preschools Limited; Second Plaintiff: David John Hampton; Third Plaintiff: Chesterfields Partnership; Fourth Plaintiff: Chesterfields Preschools Partnership; Fifth Plaintiff: Anolbe Enterprises Limited; Defendant: Commissioner of Inland Revenue; Defendant: Others
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 August 2012
- Procedural Posture
- Application for Leave to Appeal / High Court Decision on Leave to Appeal
- Outcome
- Leave to appeal granted to the Court of Appeal.
- Legal Topics
- Leave to Appeal, Public Importance, Crown Interest, Misfeasance Claim
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chesterfields Preschools Limited
First Plaintiff
David John Hampton
Second Plaintiff
Chesterfields Partnership
Third Plaintiff
Chesterfields Preschools Partnership
Fourth Plaintiff
Anolbe Enterprises Limited
Fifth Plaintiff
Commissioner of Inland Revenue
Defendant
Others
Defendant
Procedural Posture
Application for Leave to Appeal / High Court Decision on Leave to Appeal
Legal Issues
- 1 Whether leave to appeal to the Court of Appeal should be granted
- 2 Whether the judgment raises issues of law of general public importance for the Crown warranting appeal
Ratio Decidendi
Leave to appeal was granted because the case raised issues of law of general public importance for the Crown and the plaintiffs did not oppose the application.
Court Disposition
Leave to appeal granted to the Court of Appeal.
Orders
- Leave to appeal granted to the Court of Appeal.
Full Case Text
Judgment text and source record
1 paragraphs
CHESTERFIELDS PRESCHOOLS LIMITED V COMMISSIONER OF INLAND REVENUE & OTHERS HC CHCH CIV-2008-409-000995 [8 August 2012]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2008-409-000995[2012] NZHC 1986BETWEEN CHESTERFIELDS PRESCHOOLSLIMITEDFirst PlaintiffAND DAVID JOHN HAMPTONSecond PlaintiffAND CHESTERFIELDS PARTNERSHIPThird PlaintiffAND CHESTERFIELDS PRESCHOOLSPARTNERSHIPFourth PlaintiffAND ANOLBE ENTERPRISES LIMITEDFifth PlaintiffAND COMMISSIONER OF INLANDREVENUE & OTHERSDefendantHearing: On the PapersCounsel: D J Hampton in PersonS Kinsler for Commissioner of Inland RevenueJudgment: 8 August 2012JUDGMENT OF FOGARTY JON MISFEASANCE – LEAVE TO APPEALThis judgment was delivered by Justice Fogarty on8 August 2012 at 4.00 p.m., pursuant tor 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors:Crown Law, PO Box 2858, Wellington 6140Copy to:D J Hampton, Edgeware Law Centre, PO Box 21-319, Christchurch 8143[1] The defendants apply to the Court for an order granting leave to appeal the judgment to the High Court at Christchurch in this matter on 12 June 2012, to the Court of Appeal.[2] The application relies on the argument the judgment raises issues of law of general public importance for the Crown which ought to be submitted to the Court of Appeal for determination.[3] The plaintiffs have filed a memorandum dated 18 July advising that they donot oppose the defendant's application.[4] I agree that this is a case upon which it is appropriate for leave to be granted to the Court of Appeal.[5] Leave is granted accordingly.