New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Misapplication of legal principle vs re-litigation
  • 2 Mar 2010

    VAB V ACRB HC NWP CIV-2008-443-000321

    Citation
    openlaw-7bc7995a_a69f_477b_b3f2_5e23a1b34dc3.pdf
    Court
    High Court

    Leave to appeal was granted because the appeal raises questions of law or fact capable of bona fide and serious argument under the tests in Waller v Hider and Snee v Snee; the facts are unusual so prior authority does not settle the issues; and the matters are of sufficient significance to the parties to outweigh cost and delay.

    • Leave to appeal
    • Application of property (relationships) act to litigation-acquired rights
    • Misapplication of legal principle vs re-litigation
    • Finality of litigation
    • Jurisdictional issues