30 Nov 2023
DAVID CHARLES RAE v COMMISSIONER OF POLICE [2023] NZSC 156
- Citation
- [2023] NZSC 156
- Court
- Supreme Court
The Supreme Court held it has jurisdiction to hear an appeal against a Court of Appeal decision declining to recall a civil judgment and s74(4) should not be read to preclude such appeals where 'interlocutory application' in s74(4) is construed contextually to exclude recall applications; however, in practice leave should ordinarily be sought against the substantive judgment because recall issues can usually be addressed on substantive appeal; having granted extension of time and leave, the Court found the factual errors in the Court of Appeal's substantive judgment were not material to warra…