10 Jun 2009
URS NEW ZEALAND LTD AND ANOR V THE DISTRICT COURT AT AUCKLAND AND ANOR HC AK CIV 2009-404-3054
- Citation
- openlaw-30b4a610_3d64_4ecd_9928_3ff9c9c7be6d.pdf
- Court
- High Court
The High Court dismissed the review application: as a matter of supervisory discretion and statutory design, judicial review should not be used to challenge a District Court Judge's non‑determinative refusal of a no case to answer submission in the summary jurisdiction where appeal routes exist; alternatively, Judge McElrea did not err in law — s15 does not require proof of control at the time of discharge and causation is a factual common‑sense inquiry such that prior acts or omissions can constitute operative causes and intervening acts do not automatically break the causal chain.