28 Aug 2014
DAIMLER AG v SANY GROUP CO LTD CA227/2014 [2014] NZCA 421
- Citation
- [2013] NZAR 1159
- Court
- Court of Appeal
The Commissioner of Trade Marks is not an 'inferior Court' for the purposes of s 67 because the Commissioner is an employee of a Ministry, predominantly performs administrative functions under s 175A, lacks enforcement and witness-summoning powers, and statutory provisions merely deem proceedings judicial rather than describing them as judicial; therefore appeals lie as of right under s 66 and s 67 does not apply.
- Appeal provisions
- Definition of inferior court
- Extension of time to appeal
- Appeal jurisdiction
- Procedural jurisdiction