TUIʼIMALO MATAMU v VAʼAIMALU SIʼITIA [2018] NZSC 14
Leave to appeal was refused because the applicants' arguments amounted to a re‑run of factual challenges already considered by the lower courts, raised no issue of general public importance and did not demonstrate any risk of miscarriage of justice.
Source-derived case information.
- Citation
- [2018] NZSC 14
- Parties
- Applicant: TUIʼIMALO MATAMU; Applicant: TALAOALIʼI NASERI; Applicant: MALIELEGAOI AUMUA; Applicant: SAENI PITA; Applicant: TOFA TOFIA TOFA; Respondent: VAʼAIMALU SIʼITIA; Respondent: MARY McEWING; Respondent: ALISA LASI; Respondent: SALAPO RAPITI TUIA
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 February 2018
- Procedural Posture
- Appeal (civil) / Application for Leave to Appeal to the Supreme Court
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Judicial Review, Factual Findings, Abandonment of Membership, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
TUIʼIMALO MATAMU
Applicant
TALAOALIʼI NASERI
Applicant
MALIELEGAOI AUMUA
Applicant
SAENI PITA
Applicant
TOFA TOFIA TOFA
Applicant
VAʼAIMALU SIʼITIA
Respondent
MARY McEWING
Respondent
ALISA LASI
Respondent
SALAPO RAPITI TUIA
Respondent
Procedural Posture
Appeal (civil) / Application for Leave to Appeal to the Supreme Court
Legal Issues
- 1 Whether leave to appeal should be granted to challenge parish council resolutions
- 2 Whether the applicants merely seek re‑evaluation of factual findings of the High Court and Court of Appeal
- 3 Whether the issues raise questions of general or public importance
Ratio Decidendi
Leave to appeal was refused because the applicants' arguments amounted to a re‑run of factual challenges already considered by the lower courts, raised no issue of general public importance and did not demonstrate any risk of miscarriage of justice.
Court Disposition
Application for leave to appeal dismissed
Orders
- Leave to appeal dismissed
- Costs of $2,500 awarded to the respondents
Full Case Text
Judgment text and source record
1 paragraphs
TUIʼIMALO MATAMU v VAʼAIMALU SIʼITIA [2018] NZSC 14 [14 February 2018]IN THE SUPREME COURT OF NEW ZEALANDSC 124/2017[2018] NZSC 14BETWEEN TUIʼIMALO MATAMU,TALAOALIʼI NASERI,MALIELEGAOI AUMUA,SAENI PITA ANDTOFA TOFIA TOFAApplicantsAND VAʼAIMALU SIʼITIA,MARY McEWING,ALISA LASI ANDSALAPO RAPITI TUIARespondentsCourt: Elias CJ, William Young and Glazebrook JJCounsel: O Woodroffe for ApplicantsR S Pidgeon for RespondentsJudgment: 14 February 2018JUDGMENT OF THE COURTA The application for leave to appeal is dismissed.B Costs of $2,500 are awarded to the respondents.____________________________________________________________________REASONSBackground[1] In December 2013 the Parish Council of the Avondale Union Parish passedresolutions excluding a group of parishioners (including the applicants) from furtheruse of the Parish's facilities. This was on the basis that the group had alreadyabandoned its commitment to, and membership of, the Parish.[2] The applicants unsuccessfully challenged the validity of the resolutions in theHigh Court.1 The Court of Appeal's decision dismissed the appeal.2 The applicantsseek leave to appeal against the Court of Appeal decision.Our assessment[3] The arguments the applicants seek to raise essentially amount to a challenge tothe factual findings of the High Court and in large part repeat the arguments made inthe Court of Appeal which were fully considered by that Court. There are no issuesof general public importance. Further, nothing raised by the applicants suggests anyrisk of a miscarriage of justice.3Result[4] The application for leave to appeal is dismissed.[5] Costs of $2,500 are awarded to the respondents.Solicitors:Woodroffe Law Partnership, Auckland for ApplicantsPidgeon Law, Auckland for Respondents1 Matamu v Si'itia [2016] NZHC 2516 (Moore J).2 Matamu v Si'itia [2017] NZCA 482 (Clifford, Simon France and Toogood JJ).3 Junior Farms Ltd v Hampton Securities Ltd (in liq) [2006] NZSC 60, (2006) 18 PRNZ 369 at[4]–[5].