New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Allegation of judicial bias

Legal area

Court

28 Feb 2008

SIEMER V KATE FARDELL EXECUTRIX FOR ROBERT FARDELL, DECEASED SC 93/2007

Citation

SC 93/2007
Court

Supreme Court

The application for leave was dismissed because the applicant failed to meet s 13 of the Supreme Court Act 2003: the issue did not raise a question of general or public importance, there was no appearance of miscarriage of justice, and the High Court had made an orthodox exercise of discretion on the mode of trial; authority (Williams v Beesley) rejects bias-based challenges to mode of trial.
2 Sept 2004

CRESER V CRESER CA CA110/04

Citation

openlaw-8da810df_7594_453f_bb6d_9df17c97fbd1.pdf
Court

Court of Appeal

The application for special leave was dismissed because the proposed appeal had no arguable grounds: the costs orders were final and could not be attacked; Associate Judge Gendall had jurisdiction to rule on the protest and the s 26N application; the applicant offered no satisfactory explanation for delay or inability to pay, and granting leave would not serve the interests of justice given the importance of finality.