SAXMERE COMPANY LIMITED AND ORS V WOOL BOARD DISESTABLISHMENT COMPANY LIMITED SC SC 64/2007
Leave to appeal was refused because the proposed appeal did not raise a question of public or general importance and did not disclose an apparent miscarriage of justice, and therefore did not satisfy s13 of the Supreme Court Act 2003; the repeal of the Wool Board Act 1997 meant the issues had no broader significance...
Source-derived case information.
- Citation
- SC 64/2007
- Parties
- Applicant: Saxmere Company Limited and Ors; Respondent: Wool Board Disestablishment Company Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 November 2007
- Procedural Posture
- Leave to Appeal / Leave Application to Supreme Court
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Repeal of Legislation, Public or General Importance, Miscarriage of Justice, Wool Board Act 1997 S6(6), Supreme Court Act 2003 S13
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saxmere Company Limited and Ors
Applicant
Wool Board Disestablishment Company Limited
Respondent
Procedural Posture
Leave to Appeal / Leave Application to Supreme Court
Legal Issues
- 1 Whether the proposed appeal raises a question of public or general importance under s13 Supreme Court Act 2003
- 2 Whether decisions of the dissolved Wool Board breached s6(6) of the Wool Board Act 1997
- 3 Whether repeal of the governing legislation removes broader significance from the dispute
Ratio Decidendi
Leave to appeal was refused because the proposed appeal did not raise a question of public or general importance and did not disclose an apparent miscarriage of justice, and therefore did not satisfy s13 of the Supreme Court Act 2003; the repeal of the Wool Board Act 1997 meant the issues had no broader significance beyond the parties.
Court Disposition
Application for leave to appeal dismissed
Orders
- Leave to appeal refused
- Costs awarded to respondent of $2,500
Full Case Text
Judgment text and source record
1 paragraphs
SAXMERE COMPANY LIMITED AND ORS V WOOL BOARD DISESTABLISHMENT COMPANY LIMITED SC SC 64/2007 12 November 2007IN THE SUPREME COURT OF NEW ZEALAND SC 64/2007 [2007] NZSC 88BETWEEN SAXMERE COMPANY LIMITED AND ORS Applicants AND WOOL BOARD DISESTABLISHMENT COMPANY LIMITED Respondent Court: Blanchard, McGrath and Anderson JJ Counsel: S J Grey for Applicants R A Dobson QC and J L Bates for Respondent Judgment: 12 November 2007JUDGMENT OF THE COURT The application for leave to appeal is dismissed with costs of $2,500 to the respondent. REASONS[1] We are satisfied that the proposed appeal raises no question of public or general importance. The issues sought to be raised concern decisions by the now dissolved Wool Board which are said to have been in breach of s 6(6) of the Wool Board Act 1997. That legislation has been repealed. The outcome of the case appears to have no significance for anyone other than the parties and those with interests in them. There is no obvious error in the judgment of the Court of Appeal giving rise to an apparent miscarriage of justice. Leave to appeal is therefore refused as the proposed appeal does not meet the criteria in s 13 of the Supreme Court Act 2003.Solicitors: Sue Grey Lawyer, Nelson for Applicants Quigg Partners, Wellington for Respondent