NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor SC SC CIV 20/2004
Section 7(b) of the Supreme Court Act 1993 bars the Supreme Court from hearing appeals against refusals to grant leave or special leave to appeal to the Court of Appeal, and that bar extends to appeals against refusals to recall such decisions; therefore leave to appeal is declined.
Source-derived case information.
- Citation
- openlaw-0361f2d1_7340_4ad6_ac9c_07852d9d6d0d.pdf
- Parties
- Applicant: NGAHUIA REIHANA WHANAU TRUST; First Respondent: MAVIS & EARL FLIGHT; Second Respondent: ANNIE NGAHUIA KAKAHI REIHANA WHANAU TRUST
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 November 2004
- Procedural Posture
- Application for Leave to Appeal to the Supreme Court / Application Dismissed; Matter Determined on Papers
- Outcome
- Leave to appeal declined.
- Legal Topics
- Leave to Appeal, Jurisdictional Limitation, Recall of Judgment, Interpretation of Supreme Court Act S7(b)
Source-derived case record
Summary, issues, holding and outcome
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Parties
NGAHUIA REIHANA WHANAU TRUST
Applicant
MAVIS & EARL FLIGHT
First Respondent
ANNIE NGAHUIA KAKAHI REIHANA WHANAU TRUST
Second Respondent
Procedural Posture
Application for Leave to Appeal to the Supreme Court / Application Dismissed; Matter Determined on Papers
Legal Issues
- 1 Whether the Supreme Court has jurisdiction to hear an appeal against a Court of Appeal refusal to give leave or special leave to appeal to the Court of Appeal
- 2 Whether s7(b) of the Supreme Court Act 1993 bars such an appeal to the Supreme Court
- 3 Whether the prohibition in s7(b) extends to appeals against a refusal by the Court of Appeal to recall its decision
Ratio Decidendi
Section 7(b) of the Supreme Court Act 1993 bars the Supreme Court from hearing appeals against refusals to grant leave or special leave to appeal to the Court of Appeal, and that bar extends to appeals against refusals to recall such decisions; therefore leave to appeal is declined.
Court Disposition
Leave to appeal declined.
Orders
- Leave to appeal is declined.
- Matter determined without an oral hearing.
Full Case Text
Judgment text and source record
1 paragraphs
NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor SC SC CIV 20/2004 8 November 2004IN THE SUPREME COURT OF NEW ZEALAND SC CIV 20/2004BETWEEN NGAHUIA REIHANA WHANAU TRUST Applicant AND MAVIS & EARL FLIGHT First Respondent AND ANNIE NGAHUIA KAKAHI REIHANA WHANAU TRUST Second Respondent Coram: Blanchard J Tipping J Judgment: 8 November 2004JUDGMENT OF THE COURT[1] In an application signed by Colin Horonuku Reihana leave is sought to appeal to this Court against a decision of the Court of Appeal delivered on 26 July 2004 in which that Court refused to recall its judgment of 14 July 2003 which in turn refused special leave to appeal to the Court of Appeal. [2] It is clear that this Court has no jurisdiction to hear and determine the matter which can accordingly be determined without an oral hearing. [3] The effect of s7(b) of the Supreme Court Act 1993 is that the Court may not hear an appeal by a party to a civil proceeding against a refusal to give leave or special leave to appeal to the Court of Appeal. That prohibition must equally apply to an appeal against a refusal by the Court of Appeal to recall such a decision. [4] Leave to appeal is accordingly declined.