5 Dec 2023
SHIRAZ HOLIDAY LIMITED v BODY CORPORATE 406198 [2023] NZSC 157
- Citation
- [2023] NZSC 157
- Court
- Supreme Court
Leave to appeal was refused because the proposed appeal raised no question of general or public importance, was fact specific, merely re‑argued the Court of Appeal's conclusions with insufficient prospects of success, and there was no appearance of miscarriage of justice; the Court of Appeal's conclusion that clause 5.6.6 was compensatory for the ultra vires exclusive letting regime and therefore void could not be sensibly challenged on the leave application.