RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2018] NZSC 68
Leave to appeal was granted so the Supreme Court can determine whether the Court of Appeal was correct to dismiss the applicants' appeal against Nation J.
Source-derived case information.
- Citation
- [2018] NZSC 68
- Parties
- Applicant: Ruiren Xu; Applicant: Diamantina Trust Limited; Respondent: IAG New Zealand Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 August 2018
- Procedural Posture
- Appeal to Supreme Court / Leave to Appeal Granted; Appeal to Proceed on Approved Question
- Outcome
- Leave to appeal granted; approved question set.
- Legal Topics
- Leave to Appeal, Appealability, Approval of Question
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruiren Xu
Applicant
Diamantina Trust Limited
Applicant
IAG New Zealand Limited
Respondent
Procedural Posture
Appeal to Supreme Court / Leave to Appeal Granted; Appeal to Proceed on Approved Question
Legal Issues
- 1 Whether the Court of Appeal was correct to dismiss the applicants' appeal against the judgment of Nation J
- 2 Whether leave to appeal should be granted
Ratio Decidendi
Leave to appeal was granted so the Supreme Court can determine whether the Court of Appeal was correct to dismiss the applicants' appeal against Nation J.
Court Disposition
Leave to appeal granted; approved question set.
Orders
- Leave to appeal granted; approved question: whether the Court of Appeal was correct to dismiss the applicants' appeal against the judgment of Nation J.
Full Case Text
Judgment text and source record
1 paragraphs
RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2018] NZSC 68 [2August 2018]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 47/2018[2018] NZSC 68BETWEEN RUIREN XU AND DIAMANTINA TRUSTLIMITEDApplicantsAND IAG NEW ZEALAND LIMITEDRespondentCourt: William Young, Glazebrook and O'Regan JJCounsel: N R Campbell QC and J Moss for ApplicantsM G Ring QC and C M Laband for RespondentJudgment: 2 August 2018JUDGMENT OF THE COURTA Leave to appeal is granted (Xu v IAG New Zealand Ltd [2018]NZCA 149).B The approved question is whether the Court of Appeal wascorrect to dismiss the applicants' appeal against the judgmentof Nation J.____________________________________________________________________Solicitors:Canterbury Legal Services, Christchurch for ApplicantsDLA Piper, Auckland for Respondent