DERMOT GREGORY NOTTINGHAM v REAL ESTATE AGENTS AUTHORITY [2023] NZSC 51 [11 May 2023]
Section 120(3) of the Real Estate Agents Act 2008 is a statutory bar to further appeal and therefore the Supreme Court lacks jurisdiction under s 68 of the Senior Courts Act 2016 to hear the applicants' appeal; the application for leave to appeal is dismissed for want of jurisdiction and costs are awarded.
Source-derived case information.
- Citation
- [2023] NZSC 51
- Parties
- Applicant: DERMOT GREGORY NOTTINGHAM; Applicant: PHILLIP RAYMOND NOTTINGHAM; Applicant: ROBERT EARLE MCKINNEY; First Respondent: REAL ESTATE AGENTS AUTHORITY; Second Respondent: MARTIN RUSSELL HONEY
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 May 2023
- Procedural Posture
- Leave to Appeal to Supreme Court / Application for Leave to Appeal Dismissed for Want of Jurisdiction
- Outcome
- Application for leave to appeal dismissed for want of jurisdiction
- Legal Topics
- Jurisdiction, Finality of Appeal, Construction of Statutory Appeal Bar, Real Estate Agents Act 2008 S120
Source-derived case record
Summary, issues, holding and outcome
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Parties
DERMOT GREGORY NOTTINGHAM
Applicant
PHILLIP RAYMOND NOTTINGHAM
Applicant
ROBERT EARLE MCKINNEY
Applicant
REAL ESTATE AGENTS AUTHORITY
First Respondent
MARTIN RUSSELL HONEY
Second Respondent
Procedural Posture
Leave to Appeal to Supreme Court / Application for Leave to Appeal Dismissed for Want of Jurisdiction
Legal Issues
- 1 Whether the Supreme Court has jurisdiction to hear an appeal from the Court of Appeal given s 120(3) of the Real Estate Agents Act 2008
- 2 Whether s 120(3) ousts the general appeal jurisdiction in s 68 of the Senior Courts Act 2016
Ratio Decidendi
Section 120(3) of the Real Estate Agents Act 2008 is a statutory bar to further appeal and therefore the Supreme Court lacks jurisdiction under s 68 of the Senior Courts Act 2016 to hear the applicants' appeal; the application for leave to appeal is dismissed for want of jurisdiction and costs are awarded.
Court Disposition
Application for leave to appeal dismissed for want of jurisdiction
Orders
- Application for leave to appeal dismissed.
- Applicants must pay costs of $1,250 to each of the respondents.
Full Case Text
Judgment text and source record
1 paragraphs
DERMOT GREGORY NOTTINGHAM v REAL ESTATE AGENTS AUTHORITY [2023] NZSC 51[11 May 2023]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 128/2022[2023] NZSC 51BETWEEN DERMOT GREGORY NOTTINGHAM,PHILLIP RAYMOND NOTTINGHAMAND ROBERT EARLE MCKINNEYApplicantsAND REAL ESTATE AGENTS AUTHORITYFirst RespondentMARTIN RUSSELL HONEYSecond RespondentCourt: Winkelmann CJ, O'Regan and Kós JJCounsel: Applicants in personS S McMullan and M Djurich for First RespondentD W Grove for Second RespondentJudgment: 11 May 2023JUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B The applicants must pay costs of $1,250 to each of therespondents.____________________________________________________________________REASONS[1] The applicants apply for leave to appeal against a decision of the Court ofAppeal.1 In that judgment, the Court of Appeal dismissed the applicants' appeal tothat Court. The Court also allowed the cross-appeal of the second respondent,1 Nottingham v Real Estate Agents Authority [2022] NZCA 488 (Simon France, Ellis andDunningham JJ).Mr Honey, set aside the decision of the High Court under appeal reinstating theapplicants' appeals in the Real Estate Agents Tribunal and reinstated the Tribunal'sdecision striking out the applicants' appeals to the Tribunal.2[2] The applicants' appeal to the Court of Appeal was brought under s 120 of theReal Estate Agents Act 2008. Section 120(3) provides: "[t]he decision of the Court ofAppeal on any appeal under this section is final".[3] This Court's jurisdiction to hear and determine appeals in civil proceedings inthe Court of Appeal is governed by s 68 of the Senior Courts Act 2016. Section 68provides:68 Appeals against decisions of Court of Appeal in civil proceedingsThe Supreme Court may hear and determine an appeal by a party to acivil proceeding in the Court of Appeal against a decision made in theproceeding, unless—(a) an enactment other than this Act makes provision to the effectthat there is no right of appeal against the decision; or[4] Section 120(3) of the Real Estate Agents Act is a provision to the effect thatthere is no right of appeal against a decision of the Court of Appeal made under s 120.Accordingly, this Court does not have jurisdiction to hear and determine an appealagainst the decision of the Court of Appeal in the present case.[5] The application for leave to appeal is dismissed for want of jurisdiction.[6] The applicants must pay costs of $1,250 to each of the respondents.Solicitors:Meredith Connell, Auckland for First RespondentFoy & Halse, Auckland for Second Respondent2 Nottingham v Real Estate Agents Authority [2020] NZHC 1561 (Wylie J).