DEPARTMENT OF LABOUR V ALZAIDY CA CA398/2008
The Court dismissed the application for special leave to appeal for want of prosecution because the applicant had disappeared and legal aid was withdrawn, leaving no one to prosecute the application.
Source-derived case information.
- Citation
- openlaw-c9a0129c_b0d7_45ed_87a3_b763de397561.pdf
- Parties
- Respondent: Department of Labour; Applicant: Rebecca Louise Alzaidy
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2009
- Procedural Posture
- Application for Leave to Appeal (second Appeal) / Application for Special Leave to Appeal Dismissed for Want of Prosecution
- Outcome
- application for special leave to appeal dismissed for want of prosecution
- Legal Topics
- Misleading Information, Summary Proceedings, Special Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Department of Labour
Respondent
Rebecca Louise Alzaidy
Applicant
Procedural Posture
Application for Leave to Appeal (second Appeal) / Application for Special Leave to Appeal Dismissed for Want of Prosecution
Legal Issues
- 1 whether leave to appeal should be granted
- 2 whether application should be dismissed for want of prosecution
- 3 validity of convictions under s 142(1)(c) of the Immigration Act 1987
Ratio Decidendi
The Court dismissed the application for special leave to appeal for want of prosecution because the applicant had disappeared and legal aid was withdrawn, leaving no one to prosecute the application.
Court Disposition
application for special leave to appeal dismissed for want of prosecution
Orders
- Application for special leave to appeal dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
DEPARTMENT OF LABOUR V ALZAIDY CA CA398/2008 13 October 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA398/2008 [2009] NZCA 473 DEPARTMENT OF LABOURvREBECCA LOUISE ALZAIDYHearing: 13 October 2009 Court: Hammond, Ronald Young and Fogarty JJ Counsel: S B Edwards for the Department Judgment: 13 October 2009ORAL JUDGMENT OF THE COURT The application for special leave to appeal is dismissed for want of prosecution. REASONS OF THE COURT(Given by Hammond J) [1] Ms Alzaidy made an application to the New Zealand Immigration authorities for New Zealand residency. The Department of Labour took the view thatMs Alzaidy had, on four occasions, supplied misleading information to an immigration officer, contrary to s 142(1)(c) of the Immigration Act 1987. [2] It is unnecessary, in the particular circumstances, to describe the prolonged litigation which then occurred. Ultimately, convictions were entered against Ms Alzaidy. She appealed to the High Court at Wellington. Dobson J rejected that appeal: HC WN CRI-2007-485-000113 27 February 2008. [3] Ms Alzaidy then sought the leave of the High Court to appeal to this Court, as a second appeal. That application was declined by Dobson J on 20 June 2008. [4] An application for leave for a second appeal, to this Court, was then made under the provisions of s 144(3) of the Summary Proceedings Act 1957. [5] Senior counsel for the applicant, Mr C R Carruthers QC, has now confirmed, by memorandum, that his client has disappeared and her grant of legal aid has been withdrawn. The application was listed for hearing today, before this panel. [6] In the circumstances, the application is dismissed for want of prosecution.Solicitors: Crown Law Office, Wellington