8 May 2013
MCGRATH v NEW ZEALAND POLICE SC 25/2013
- Citation
- SC 25/2013
- Court
- Supreme Court
Leave to appeal was refused because the contested issues were primarily factual and did not raise matters of general or public importance nor a real risk of substantial miscarriage of justice; the Court of Appeal correctly concluded that without s79 notice and without expert evidence the applicant did not discharge the onus to show the s75 certificate was erroneous and the s30 exclusion argument was not properly raised at trial and would not succeed on the facts.