SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2017] NZSC 81
The Supreme Court granted leave to appeal, concluding the matters engaged sufficient appellate significance to warrant determination by the Supreme Court and approved the question whether the Court of Appeal was correct to reverse the High Court judgment of Dunningham J.
Source-derived case information.
- Citation
- [2017] NZSC 81
- Parties
- Applicant: Southland Indoor Leisure Centre Charitable Trust; Respondent: Invercargill City Council
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 May 2017
- Procedural Posture
- Appeal (leave to Appeal) / Leave to Appeal Granted; Approved Question Set
- Outcome
- Leave to appeal granted; approved question specified
- Legal Topics
- Leave to Appeal, Appeal, Reversal of Judgment, Question of Law of Public Importance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Southland Indoor Leisure Centre Charitable Trust
Applicant
Invercargill City Council
Respondent
Procedural Posture
Appeal (leave to Appeal) / Leave to Appeal Granted; Approved Question Set
Legal Issues
- 1 Whether leave to appeal to the Supreme Court should be granted
- 2 Whether the Court of Appeal was correct to reverse the judgment of Dunningham J
Ratio Decidendi
The Supreme Court granted leave to appeal, concluding the matters engaged sufficient appellate significance to warrant determination by the Supreme Court and approved the question whether the Court of Appeal was correct to reverse the High Court judgment of Dunningham J.
Court Disposition
Leave to appeal granted; approved question specified
Orders
- Leave to appeal is granted
- Approved question: whether the Court of Appeal was correct to reverse the judgment of Dunningham J
Full Case Text
Judgment text and source record
1 paragraphs
SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2017] NZSC 81 [30 May 2017]IN THE SUPREME COURT OF NEW ZEALANDSC 37/2017[2017] NZSC 81BETWEEN SOUTHLAND INDOOR LEISURECENTRE CHARITABLE TRUSTApplicantAND INVERCARGILL CITY COUNCILRespondentCourt: Elias CJ, William Young, and Ellen France JJCounsel: M G Ring QC and C J Jamieson for ApplicantD J Heaney QC and K B Dillon for RespondentJudgment: 30 May 2017JUDGMENT OF THE COURTA Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust[2017] NZCA 68).B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.____________________________________________________________________REASONS[1] Leave to appeal has been granted in general terms which encompass all issues addressed in the Court of Appeal judgment.Solicitors:Young Hunter, Christchurch for ApplicantHeaney & Partners, Auckland for Respondent