TOTARA INVESTMENTS LIMITED V CRISMAC LIMITED AND ANOR SC 75/2009

TOTARA INVESTMENTS LIMITED V CRISMAC LIMITED AND ANOR SC 75/2009

Leave to appeal was granted because there was a real and arguable question whether the Court of Appeal was correct to reverse the High Court's conclusion, meeting the Supreme Court's criteria for leave.

Source-derived case information.

Citation
SC 75/2009
Parties
Appellant: Totara Investments Limited; First Respondent: Crismac Limited; Second Respondent: Ulster Limited
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
20 October 2009
Procedural Posture
Appeal (leave Application) / Leave to Appeal Granted
Outcome
Application for leave to appeal granted; approved ground of appeal stated
Legal Topics
Leave to Appeal, Appellate Review, Reversal of Findings
Appeal Civil Procedure Leave to Appeal Appellate Review Reversal of Findings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Totara Investments Limited

Appellant

Crismac Limited

First Respondent

Ulster Limited

Second Respondent

Procedural Posture

Appeal (leave Application) / Leave to Appeal Granted

Legal Issues

  1. 1 Whether the Court of Appeal was correct to reverse the High Court's conclusion
  2. 2 Whether leave to appeal should be granted to determine that question

Ratio Decidendi

Leave to appeal was granted because there was a real and arguable question whether the Court of Appeal was correct to reverse the High Court's conclusion, meeting the Supreme Court's criteria for leave.

Court Disposition

Application for leave to appeal granted; approved ground of appeal stated

Orders

  • The application for leave to appeal is granted.
  • The approved ground of appeal is whether the Court of Appeal was correct to reverse the High Court's conclusion.