11 Mar 2011
MINISTRY OF HEALTH V PETER ATKINSON (ON BEHALF OF THE ESTATE OF SUSAN ATKINSON & EIGHT OTHERS) HC AK CIV-2010-404-000287
- Citation
- openlaw-e5bedc8f_c2dc_4c23_9ef7_1475838fab03.pdf
- Court
- High Court
Leave to appeal was granted on two discrete legal questions: whether the High Court correctly stated and applied the s19 BORA test and whether it misapplied the s5 BORA test. The High Court concluded those issues are questions of law suitable for the Court of Appeal. Leave was denied on a broad third question challenging numerous factual findings because those challenges principally raised adjudicative facts already extensively examined and were not, on their face, questions of law; the distinction between legislative and adjudicative facts governed the decision to limit leave.