22 Dec 2009
CARROLL V THE DISTRICT COURT AT NELSON HC NEL CIV-2009-442-509
- Citation
- openlaw-a2ea343a_986c_44db_a077_6ab8f46a0c1c.pdf
- Court
- High Court
Judge's refusal to grant the oral evidence order was lawful and open to him because the statutory s180 grounds were not met: the matters could be adequately addressed at trial or by admissibility procedures (s344A), and the decision to decline an oral evidence order did not amount to a final determination giving rise to a right of appeal under s115; accordingly judicial review was the correct remedy and the application is dismissed.