BUSCH v IRELAND AND ORS CA650/2014 [2015] NZCA 82
Leave to appeal was granted because the High Court's approach to Family Court credibility findings required appellate consideration; the panel hearing the appeal must determine any application for leave to adduce further evidence; first respondents ordered to pay costs to the applicant.
Source-derived case information.
- Citation
- [2015] NZCA 82
- Parties
- Applicant: Rolien Geertruida Busch; First Respondent: Dennis Paul Ireland; First Respondent: Angela Catherine Ireland; Second Respondent: Stephen John Grant; Second Respondent: David James Smillie
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 March 2015
- Procedural Posture
- Leave to Appeal / Leave Application (granted)
- Outcome
- Leave to appeal granted
- Legal Topics
- Credibility Findings, Standard of Review on Appeal, Leave to Adduce Further Evidence, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rolien Geertruida Busch
Applicant
Dennis Paul Ireland
First Respondent
Angela Catherine Ireland
First Respondent
Stephen John Grant
Second Respondent
David James Smillie
Second Respondent
Procedural Posture
Leave to Appeal / Leave Application (granted)
Legal Issues
- 1 Whether the High Court applied the correct approach on appeal given Family Court findings of credibility against the first respondents
- 2 Whether the application for leave to adduce further evidence on appeal should be determined by the panel hearing the appeal
- 3 Entitlement to costs
Ratio Decidendi
Leave to appeal was granted because the High Court's approach to Family Court credibility findings required appellate consideration; the panel hearing the appeal must determine any application for leave to adduce further evidence; first respondents ordered to pay costs to the applicant.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal against the judgment of the High Court ([2014] NZHC 1523) is granted.
- The question on appeal is: Given the Family Court at first instance had made findings of credibility against the first respondents, did the High Court apply the correct approach on appeal?
Full Case Text
Judgment text and source record
1 paragraphs
BUSCH v IRELAND AND ORS CA650/2014 [2015] NZCA 82 [19 March 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA650/2014[2015] NZCA 82BETWEEN ROLIEN GEERTRUIDA BUSCHApplicantAND DENNIS PAUL IRELAND ANDANGELA CATHERINE IRELANDFirst RespondentsSTEPHEN JOHN GRANT AND DAVIDJAMES SMILLIESecond RespondentsHearing: 16 March 2015Court: Randerson, Wild and French JJCounsel: T J Shiels QC for ApplicantL A Andersen for First RespondentsJ K Hambleton for Second Respondents (excused fromattendance)Judgment: 19 March 2015 at 2:30 pmJUDGMENT OF THE COURTA Leave to appeal against the judgment of the High Court ([2014] NZHC 1523) is granted.B The question on appeal is: Given the Family Court at first instance had made findings of credibility against the first respondents, did the High Court apply the correct approach on appeal?C The application for leave to adduce further evidence on appeal is to be determined by the panel hearing the appeal.D The first respondents are to pay costs to the applicant for a standard application on a band A basis with usual disbursements.____________________________________________________________________Solicitors:Solomons, Dunedin for ApplicantAntony Hamel, Dunedin for First RespondentsGallaway Cook Allan, Dunedin for Second Respondents