20 May 2014
CUTTING v LIU & ORS [2014] NZHC 1063
- Citation
- [2014] 3 NZLR 224
- Court
- High Court
The High Court held the intervention rule together with mandatory provisions of the Lawyers and Conveyancers Act (Conduct and Care) Rules (r13.5.1 and r13.5.3) prevent a barrister sole from acting as both advocate and witness where his conduct or advice is in issue and where he may be required to give contentious evidence; s57 District Courts Act does not furnish 'special circumstances' to override those principles; the Court's inherent jurisdiction supports refusing leave. Accordingly the decision below refusing leave was affirmed and the appeal dismissed.