New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appealability of interlocutory rulings

  • 9 Mar 2011

    Z V F HC AK CIV-2010-404-001424

    Citation
    openlaw-daa66ea0_ec21_443a_9025_42f11c26d25f.pdf
    Court
    High Court

    Leave to appeal was dismissed because the applicant failed to demonstrate any question of law or fact capable of bona fide and serious argument given concurrent and adequately supported factual findings in the Family Court and High Court; Cooper J's interlocutory rulings were ancillary, did not affect substantive rights and are not appealable absent exceptional circumstances; costs awarded to respondent on Category 2 Band B basis.

    • De facto relationship determination
    • Leave to appeal
    • Appellate fact‑finding
    • Admission of fresh evidence
    • Appealability of interlocutory rulings
    • Costs

  • 23 Jun 2006

    PETER LLOYD MACHIRUS V THE COMMISSIONER OF INLAND REVENUE CA CA38/06

    Citation
    openlaw-30b0d653_58c3_4a58_b93b_669047d8123f.pdf
    Court
    Court of Appeal

    Leave to appeal was refused because this Court lacked jurisdiction to hear an appeal against the High Court's interlocutory ruling refusing further evidence: s 28 of the Taxation Review Authorities Act applies only to final determinations, s 66 Judicature Act does not extend to refusal to admit evidence, and even on the merits leave under r 716 would not be granted except sparingly and for special reasons.

    • Leave to adduce further evidence
    • Jurisdiction of court of appeal
    • Appealability of interlocutory rulings
    • High court rules r 716
    • Taxation review authorities act s 28
    • Judicature act s 66