New Zealand Case Law: Decisions & Judgments

Topic

Leave to appeal threshold

Legal area

Court

1 Aug 2019

MCMANAWAY v CAFFELL [2019] NZCA 351

Citation

[2019] NZCA 351
Court

Court of Appeal

Leave to bring a second appeal was refused because the proposed grounds were not bona fide and seriously arguable: the Cando shares were relationship property (not caught by the s 21 agreement), valuation at hearing with adjustment for post-separation contributions was within judicial discretion, and the allocation for post-separation contributions is a factual question not suitable for further appellate review; finality and prompt resolution outweigh further appeal.
6 Apr 2016

ABLEOWL XL LIMITED V NEIL GLADDEN [2016] NZCA 94

Citation

[2016] NZCA 94
Court

Court of Appeal

The Court held the Employment Court's preference for the respondent's oral evidence over documentary material was a factual credibility finding, not an error of law, and the formulated question did not raise a matter of general or public importance; accordingly leave to appeal and the application for extension of time were dismissed.
24 Oct 2001

Executors of the Estate of Fletcher v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[2001] NZACC 297
Court

District Court

The District Court judge made the necessary findings of fact on the medical evidence which satisfied the statutory requirements of s.7(1)(b) and (c); the objection to Dr Ravnskov's report was not pursued at the hearing, the appellant had opportunity to obtain rebuttal evidence, and the judge was entitled to admit and prefer that expert evidence under s.92(2); no question of law arises to justify leave to appeal, and leave is refused.

New Zealand Case Law

MCMANAWAY v CAFFELL [2019] NZCA 351

ABLEOWL XL LIMITED V NEIL GLADDEN [2016] NZCA 94

Executors of the Estate of Fletcher v Accident Rehabilitation and Compensation Insurance Corporation