20 May 2005
The Supreme Court lacks jurisdiction to grant leave to appeal against the Court of Appeal's refusal to re-open its appeal because such a refusal is not a decision 'on appeal under s383' and the Supreme Court's criminal appellate jurisdiction is limited to statutory categories of appeal.
5 Apr 2005
The Supreme Court has jurisdiction because the Supreme Court Act 2003 and amendments to the Property (Relationships) Act demonstrate Parliament intended appeals in relationship property matters to proceed to the Supreme Court, and any contrary finality effect of s 67 Judicature Act 1908 is superseded insofar as the Property (Relationships) Act is concerned; accordingly leave to appeal is granted on the s 44C issue and refused on the cattle classification issue for lack of factual completeness and public importance.