New Zealand Case Law: Decisions & Judgments | LexChat

Topic

High court registry rules

Legal area

Court

1 May 2014

VINCENT ROSS SIEMER v DEPUTY REGISTRAR OF THE COURT OF APPEAL [2014] NZSC 43

Citation

[2014] NZSC 43
Court

Supreme Court

Leave to appeal was dismissed because the High Court Rules (r 5.1) made Wellington the proper registry, the applicant had not followed the required procedure, the issues raised were arguable but re-filing in Wellington was available making the proposed appeal insubstantial, not of public or general importance and not evidencing a miscarriage of justice, and there was no basis to treat Cooper J's direction as an appealable "judgment, decree or order" to this Court under s 66.
10 Feb 2014

SIEMER v DEPUTY REGISTRAR OF THE COURT OF APPEAL [2014] NZCA 5

Citation

[2014] NZCA 5
Court

Court of Appeal

Cooper J's direction was administrative guidance about the appropriate High Court registry and was not a judgment, decree or order within s 66 of the Judicature Act 1908; therefore it was not appealable and the Registrar correctly refused to accept the purported notice of appeal, so the application for review is dismissed and the Registrar's decision is upheld.