LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED v NAPIER CITY COUNCIL [2019] NZCA 411
The Court granted leave to adduce further evidence but prohibited any searching or accessing of the Court file without judicial leave, dismissed the appeal on its merits, and ordered that the respondent recover costs on a complex appeal band B basis with usual disbursements.
Source-derived case information.
- Citation
- [2019] NZCA 411
- Parties
- Appellant: Local Government Mutual Funds Trustee Limited; Respondent: Napier City Council
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 September 2019
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed; application to adduce further evidence granted; court file access prohibited without leave; respondent awarded costs.
- Legal Topics
- Admission of Further Evidence, Access to Court File, Appeal Dismissal, Costs Allocation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Local Government Mutual Funds Trustee Limited
Appellant
Napier City Council
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether to admit further evidence on appeal
- 2 Whether parties may search or access the Court file without judicial leave
- 3 Whether the appeal should be dismissed
Ratio Decidendi
The Court granted leave to adduce further evidence but prohibited any searching or accessing of the Court file without judicial leave, dismissed the appeal on its merits, and ordered that the respondent recover costs on a complex appeal band B basis with usual disbursements.
Court Disposition
Appeal dismissed; application to adduce further evidence granted; court file access prohibited without leave; respondent awarded costs.
Orders
- The application by the appellant to adduce further evidence is granted.
- The Court file is not to be searched or accessed without leave of a Judge.
Full Case Text
Judgment text and source record
1 paragraphs
LOCAL GOVERNMENT MUTUAL FUNDS TRUSTEE LIMITED v NAPIER CITY COUNCIL [2019]NZCA 411 [3 September 2019]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA97/2019[2019] NZCA 411BETWEEN LOCAL GOVERNMENT MUTUALFUNDS TRUSTEE LIMITEDAppellantAND NAPIER CITY COUNCILRespondentHearing: 3 September 2019Court: Kós P, Duffy and Woolford JJCounsel: M G Ring QC and C J Hlavac for AppellantD H McLellan QC and N J Foster for RespondentJudgment: 3 September 2019 at 2.50 pmJUDGMENT OF THE COURTA The application by the appellant to adduce further evidence is granted.B The Court file is not to be searched or accessed without leave of a Judge.C The appeal is dismissed.D The respondent is entitled to costs on a complex appeal on a band B basistogether with usual disbursements.____________________________________________________________________[Reasons to follow]Solicitors:Young Hunter, Christchurch for AppellantWilson Harle, Auckland for Respondent