16 Aug 2007
DOWNER CONSTRUCTION (NZ) LTD V SILVERFIELD DEVELOPMENTS LTD CA CA65/06
- Citation
- openlaw-6aa64d74_f8a5_4751_b529_32c44d44e40c.pdf
- Court
- Court of Appeal
All three applications for leave were dismissed: (1) special leave out of time to appeal Heath J's order entering arbitral awards as judgments was refused because the application was filed late, Downer had consented to entry and the belated challenge had no reasonable prospect of success; (2) Randerson J did not refuse leave on other questions so there was no jurisdiction under cl 5(5) for appeal and CA156/06 dismissed; (3) special leave to appeal Harrison J's substantive judgment was refused because the Court of Appeal test for second appeals was not met, questions could not be widened beyon…