20 Jan 2009
X V X AND ANOR HC AK CIV 2008-404-008132
- Citation
- openlaw-87a9cf76_ac1d_4789_8fc3_f31cbd6c9247.pdf
- Court
- High Court
Leave to file the appeal and cross‑appeal out of time was granted because the delay was caused by counsel's misapprehension of procedure and the parties always intended to appeal; the appeal and cross‑appeal were transferred to the Court of Appeal under s 64 of the Judicature Act because exceptional circumstances existed (the s 15 issue is integral to the dispute, the Court of Appeal had already heard related issues and would benefit from prior judgments and factual findings, proceedings had been significantly delayed and a further appeal was inevitable) and a Full Court of the High Court wou…