11 Jul 2006
DOWNER CONSTRUCTION (NEW ZEALAND) LTD V SILVERFIELD DEVELOPMENTS LTD (FORMERLY REDWOOD GROUP NO 8 LTD) HC AK CIV-2005-404-6800
- Citation
- openlaw-3ce8117f_87ce_456c_a6a9_9fac99344cc4.pdf
- Court
- High Court
The Court dismissed Downer's applications for leave to appeal (including out of time) because the High Court lacked jurisdiction to entertain a purported appeal from a non‑decision or an application it had effectively abandoned, Downer sought to introduce new untimely grounds beyond the formulated question, and even if jurisdiction existed the Court would refuse to enlarge time or grant leave because Downer had deliberately foregone opportunities to address the draft order, failed to demonstrate an arguable error of law, and granting leave would prejudice finality and Silverfield.