15 Sept 2021
RAFIQ v CAA [2021] NZHC 2420
- Citation
- [2021] NZHC 2420
- Court
- High Court
Leave to appeal under s144(2) Summary Proceedings Act 1957 was declined because the proposed questions of law did not raise matters of general or public importance, the arguments lacked real merit (error in particulars could have been corrected and did not render convictions a nullity; traffic infringements can be relevant under s49 CAA), and there was an excessive unexplained delay of many years such that no miscarriage of justice was shown to justify departure from the strict s144 test.