New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Senior courts act 2016 s 74

Legal area

Court

3 Mar 2023

CHRISTOPHER JOSEPH O’NEILL v COMMISSIONER OF POLICE [2023] NZSC 13

Citation

[2023] NZSC 13
Court

Supreme Court

Leave to appeal was refused because the lower courts correctly characterised the proceeding as plainly abusive and lawfully struck it out under the High Court Rules, and the statutory criteria for leave (public importance or miscarriage of justice) were not met given the unusual facts of the case.
10 Nov 2022

HARRY MEMELINK v COLLINS & MAY LAW [2022] NZSC 130

Citation

[2022] NZSC 130
Court

Supreme Court

The application for an extension of time was dismissed because the applicant did not adequately explain the cumulative delay of over two years since the Court of Appeal decision (and over four years since the High Court adjudication), and, even if delay were excused, no arguable basis for leave to appeal existed under s 74 given the Court of Appeal had properly applied Almond v Read and the proposed appeal lacked merit and public importance and posed no miscarriage risk.