14 Nov 2008
PITA FIFITA SIOLA'A V WELLINGTON DISTRICT COURT AND ANOR CA CA116/2008
- Citation
- openlaw-29b1bf1d_2ab5_472f_8e6a_7583d2d4e974.pdf
- Court
- Court of Appeal
s162(2) of the IPRC Act unambiguously requires an application for leave to be filed within 21 days of the District Court decision; s71A(4) does not govern ACC appeals and cannot override that specific provision; s3 of the Inferior Courts Procedure Act can cure jurisdictional irregularities but ACC did not waive or acquiesce because it did not know of the late filing until April 2007 and protested immediately; therefore the leave application was out of time and the appeal is dismissed.