MANUKAU GOLF CLUB INCORPORATED v SHOYE VENTURE LIMITED SC 36/2012
The Supreme Court granted leave to appeal to determine whether the Court of Appeal erred by not making an order for costs and by providing no reasons; the grant reflects the Court's conclusion that these issues raise matters of sufficient general or public importance to warrant the Supreme Court's consideration.
Source-derived case information.
- Citation
- MANUKAU GOLF CLUB INCORPORATED v SHOYE VENTURE LIMITED SC 36/2012
- Parties
- Appellant: Manukau Golf Club Incorporated; Respondent: Shoye Venture Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 18 July 2012
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted; questions for appeal approved
- Legal Topics
- Costs on Appeal, Provision of Reasons by Appellate Court, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manukau Golf Club Incorporated
Appellant
Shoye Venture Limited
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether the Court of Appeal was wrong to make no order for costs in respect of the appeal
- 2 Whether the Court of Appeal was wrong to give no reasons for its decision
Ratio Decidendi
The Supreme Court granted leave to appeal to determine whether the Court of Appeal erred by not making an order for costs and by providing no reasons; the grant reflects the Court's conclusion that these issues raise matters of sufficient general or public importance to warrant the Supreme Court's consideration.
Court Disposition
Leave to appeal granted; questions for appeal approved
Orders
- Leave to appeal granted
- Approved questions: (i) whether the Court of Appeal was wrong to make no order for costs in respect of the appeal; (ii) whether the Court of Appeal was wrong to give no reasons
Full Case Text
Judgment text and source record
1 paragraphs
MANUKAU GOLF CLUB INCORPORATED v SHOYE VENTURE LIMITED SC 36/2012 [18 July 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 36/2012[2012] NZSC 55BETWEEN MANUKAU GOLF CLUBINCORPORATEDAppellantAND SHOYE VENTURE LIMITEDRespondentCourt: Elias CJ, McGrath and William Young JJCounsel: J Long and K L J Simcock for AppellantM R T Colthart and S Shin for RespondentJudgment: 18 July 2012JUDGMENT OF THE COURTA Leave to appeal is granted.B The approved questions are whether the Court of Appeal was wrong:(i) to make no order for costs in respect of the appeal; and(ii) to give no reasons.____________________________________________________________________Solicitors:LeeSalmonLong for AppellantWarren Simpson & Co for Respondent