COLLINGWOOD & ORS V MINISTRY OF INTERNAL AFFAIRS, GOVERNOR-GENERAL, ATTORNEY-GENERAL, HAMILTON CITY COUNCIL & BRUCE PROPERTIES LTD & ORS SC SC CIV 15/2004
Because section 7(b) of the Supreme Court Act 2003 expressly excludes appeals against refusals of leave or special leave to appeal to the Court of Appeal, the Supreme Court has no jurisdiction to hear the applicant's appeal and the application is dismissed.
Source-derived case information.
- Citation
- openlaw-812645a0_5ff1_42fd_b0cb_61a184155eb1.pdf
- Parties
- Applicant: Edward H Collingwood & Ors; Respondent: Ministry of Internal Affairs, Governor-General, Attorney-General, Hamilton City Council & Bruce Properties Limited & Ors
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 November 2004
- Procedural Posture
- Leave to Appeal to Supreme Court / Application for Leave to Appeal From Court of Appeal Judgment Refusing Special Leave to Appeal Out of Time; Dismissed for Lack of Jurisdiction
- Outcome
- Application dismissed for lack of jurisdiction under section 7(b) of the Supreme Court Act 2003.
- Legal Topics
- Supreme Court Jurisdiction, Leave to Appeal, Special Leave to Appeal, Appeal Out of Time, Statutory Exclusion of Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward H Collingwood & Ors
Applicant
Ministry of Internal Affairs, Governor-General, Attorney-General, Hamilton City Council & Bruce Properties Limited & Ors
Respondent
Procedural Posture
Leave to Appeal to Supreme Court / Application for Leave to Appeal From Court of Appeal Judgment Refusing Special Leave to Appeal Out of Time; Dismissed for Lack of Jurisdiction
Legal Issues
- 1 Whether the Supreme Court has jurisdiction to hear an appeal against a refusal of leave or special leave to appeal by the Court of Appeal under s7(b) of the Supreme Court Act 2003
- 2 Whether leave to appeal out of time should be granted (secondary to jurisdictional question)
Ratio Decidendi
Because section 7(b) of the Supreme Court Act 2003 expressly excludes appeals against refusals of leave or special leave to appeal to the Court of Appeal, the Supreme Court has no jurisdiction to hear the applicant's appeal and the application is dismissed.
Court Disposition
Application dismissed for lack of jurisdiction under section 7(b) of the Supreme Court Act 2003.
Orders
- No oral hearing necessary.
- Application dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
COLLINGWOOD & ORS V MINISTRY OF INTERNAL AFFAIRS, GOVERNOR-GENERAL, ATTORNEY- GENERAL, HAMILTON CITY COUNCIL & BRUCE PROPERTIES LTD & ORS SC SC CIV 15/2004 2 November 2004IN THE SUPREME COURT OF NEW ZEALAND SC CIV 15/2004BETWEEN EDWARD H COLLINGWOOD & ORS Applicant AND MINISTRY OF INTERNAL AFFAIRS, GOVERNOR-GENERAL, ATTORNEY- GENERAL, HAMILTON CITY COUNCIL & BRUCE PROPERTIES LIMITED & ORS Respondent Coram: Gault J Blanchard J Appearances: E H Collingwood in person K G Parker for certain proposed respondents Judgment: 2 November 2004JUDGMENT OF THE COURT[1] This application is for leave to appeal to this Court from a judgment of the Court of Appeal given on 19 July 2004. The effect of that judgment was to refuse special leave to appeal out of time against earlier decisions of the High Court. [2] No oral hearing is necessary. [3] Section 7(b) of the Supreme Court Act 2003 excludes from this Court's jurisdiction appeals against a refusal of leave or special leave to appeal to the Court of Appeal. [4] This Court, therefore, has no jurisdiction and the application is dismissed.Solicitors: Tompkins Wake, Hamilton, for Respondents