F V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 17/2007
Leave to appeal was refused because, on the merits and for the reasons given by the Court of Appeal, the proposed appeal could not succeed.
Source-derived case information.
- Citation
- SC 17/2007
- Parties
- Applicant: F; Respondent: The Chief Executive of the Ministry of Social Development
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 May 2007
- Procedural Posture
- Application for Leave to Appeal From Dismissal of Habeas Corpus Proceedings / Leave Application (dismissed)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Habeas Corpus, Child Custody, Judicial Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
F
Applicant
The Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Application for Leave to Appeal From Dismissal of Habeas Corpus Proceedings / Leave Application (dismissed)
Legal Issues
- 1 Whether leave to appeal should be granted
- 2 Whether a writ of habeas corpus should issue for the return of the child
- 3 Whether the proposed appeal has any real prospect of success
Ratio Decidendi
Leave to appeal was refused because, on the merits and for the reasons given by the Court of Appeal, the proposed appeal could not succeed.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
- Order prohibiting publication of name or identifying particulars of the appellant and the child
Full Case Text
Judgment text and source record
1 paragraphs
F V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT SC 17/2007 8 May 2007ORDER PROHIBITING PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF THE APPELLANT AND THE CHILD. IN THE SUPREME COURT OF NEW ZEALAND SC 17/2007 [2007] NZSC 32BETWEEN F Applicant AND THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Respondent Court: Blanchard, Tipping and Anderson JJ Counsel: Applicant in Person Judgment: 8 May 2007JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant seeks leave to appeal against the Court of Appeal's dismissal of his appeal from the High Court's refusal to grant him a writ of habeas corpus in relation to his child. Though being given additional time, he has elected not to file written submissions, instead referring the Court to those which he filed in the Court of Appeal. [2] Having read those submissions, we do not consider that leave should be granted. Indeed, for the reasons given by the Court of Appeal, it is plain that the proposed appeal could not succeed.