LEWIS V GREENE CA CA183/04
The application for special leave was dismissed because the applicant failed to demonstrate arguable questions of law warranting the Court of Appeal's further consideration and the issues were largely questions of fact.
Source-derived case information.
- Citation
- openlaw-3102e8e1_e715_4bba_a79f_64eb11089468.pdf
- Parties
- Appellant: Rodney Peter Lewis; Respondent: Marian Greene
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 18 October 2004
- Procedural Posture
- Special Leave to Appeal / Application for Leave
- Outcome
- Application for special leave to appeal dismissed
- Legal Topics
- Special Leave to Appeal, Costs, Questions of Law Vs Fact
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodney Peter Lewis
Appellant
Marian Greene
Respondent
Procedural Posture
Special Leave to Appeal / Application for Leave
Legal Issues
- 1 Whether questions of law were raised that warrant further consideration by the Court of Appeal
- 2 Whether the matters raised are questions of fact rather than questions of law
- 3 Whether costs should be awarded to the respondent
Ratio Decidendi
The application for special leave was dismissed because the applicant failed to demonstrate arguable questions of law warranting the Court of Appeal's further consideration and the issues were largely questions of fact.
Court Disposition
Application for special leave to appeal dismissed
Orders
- Leave refused
- Costs of $3,000 to the respondent, together with disbursements including travel and accommodation costs of one counsel for the respondent, as fixed by the Registrar
Full Case Text
Judgment text and source record
1 paragraphs
LEWIS V GREENE CA CA183/04 18 October 2004IN THE COURT OF APPEAL OF NEW ZEALAND CA183/04BETWEEN RODNEY PETER LEWIS Appellant AND MARIAN GREENE Respondent Hearing: 18 October 2004 Coram: Anderson P Hammond J William Young J Appearances: Appellant in Person R A Alchin for Respondent Judgment: 18 October 2004JUDGMENT OF THE COURT DELIVERED BY ANDERSON P[1] This is an application for special leave to appeal against a decision of the Employment Court delivered on 28 July 2004. [2] To obtain leave, the applicant must demonstrate that there are questions of law which warrant further consideration by this Court. [3] To the extent that there are questions of law, we are of the opinion that they do not warrant further consideration by this Court. We doubt that there are in fact arguable questions of law raised. It seems to us that there are largely questions of fact brought forward in this application.[4] It is dismissed accordingly with costs of $3,000 to the respondent, together with disbursements, including travel and accommodation costs of one counsel for the respondent, as fixed by the Registrar.Solicitors: Bogers Scott & Shortland, Hamilton for Respondent