17 Feb 2022
SCHMIDT v THE LEGAL SERVICES COMMISSIONER [2022] NZHC 200
- Citation
- [2022] NZHC 200
- Court
- High Court
The High Court dismissed the appeal: the Tribunal correctly upheld the Commissioner's refusal to fund the proposed appeal because Venning J's credibility findings, including that a central deed was fabricated, together with the contemporaneous documentary record, supported the conclusion that the transfers were outright sales and that claims of express trust, institutional constructive trust or fiduciary duty lacked sufficient prospects of success to justify appellate legal aid; the Tribunal's review was not wrong in law or manifestly unreasonable.