9 Jun 2014
MALONE v AUCKLAND FAMILY COURT & MALONE [2014] NZHC 1290
- Citation
- [2014] NZHC 1290
- Court
- High Court
Judge Adams did not err in refusing leave to appeal under s143(3): he directed his mind to the child's welfare, relied on non-partisan material showing the child was settling, appropriately discounted partisan expert evidence, and correctly applied the gate-keeping role for interlocutory appeals; even if error existed, relief would be denied in the exercise of discretion because of imminent substantive hearing, lack of irreparable harm, risk of satellite litigation and weak evidential basis for altering interim arrangements; judicial review dismissed and costs awarded to respondent.