FANG v THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZCA 7 [9 February 2017]
The Court concluded there was no sufficient basis to disturb the impugned decision and therefore dismissed the application for review.
Source-derived case information.
- Citation
- [2017] NZCA 7
- Parties
- Appellant: Mingbo Fang; Respondent/appellant: The Ministry of Business, Innovation and Employment; Respondent: Defang Dong; Respondent: Zhiwei Li
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 9 February 2017
- Procedural Posture
- Application for Judicial Review and Appeal to the Court of Appeal / Judgment at Court of Appeal
- Outcome
- Application for review dismissed; costs reserved
- Legal Topics
- Judicial Review, Appeal, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mingbo Fang
Appellant
The Ministry of Business, Innovation and Employment
Respondent/appellant
Defang Dong
Respondent
Zhiwei Li
Respondent
Procedural Posture
Application for Judicial Review and Appeal to the Court of Appeal / Judgment at Court of Appeal
Legal Issues
- 1 Whether the application for judicial review should be allowed or dismissed
- 2 Whether costs should be awarded or reserved
Ratio Decidendi
The Court concluded there was no sufficient basis to disturb the impugned decision and therefore dismissed the application for review.
Court Disposition
Application for review dismissed; costs reserved
Orders
- Application for review dismissed.
- Costs reserved.
Full Case Text
Judgment text and source record
1 paragraphs
FANG v THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZCA 7 [9 February 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA369/2016[2017] NZCA 7BETWEEN MINGBO FANGAppellantAND THE MINISTRY OF BUSINESS,INNOVATION AND EMPLOYMENTRespondentCA370/2016BETWEEN THE MINISTRY OF BUSINESS,INNOVATION AND EMPLOYMENTAppellantAND DEFANG DONGRespondentCA423/2016BETWEEN THE MINISTRY OF BUSINESS,INNOVATION AND EMPLOYMENTAppellantAND ZHIWEI LIRespondentHearing: 7 February 2017Court: Wild, French and Brown JJCounsel: D Zhang for Appellant Fang and Respondent DongI C Carter for the Ministry of Business, Innovation andEmploymentS C Kilian for Respondent LiJudgment: 9 February 2017 at 4.30 pmJUDGMENT OF THE COURTA The application for review is dismissed.B Costs are reserved and will be determined in the reasons judgment to follow.____________________________________________________________________[Reasons to follow]Solicitors:Amicus Law, Auckland for Appellant Fang and Respondent DongKilian & Associates Ltd, Albany for Respondent LiCrown Law Office, Wellington for the Ministry of Business, Innovation and Employment