28 Jun 2023
D (SC 48/2023) v JDN [2023] NZSC 76
- Citation
- [2023] NZSC 76
- Court
- Supreme Court
Leave to appeal was refused because the proposed appeal raised fact‑specific issues without sufficient doubt as to the correctness of the lower courts' decisions; the High Court correctly characterised and struck out the proceeding as an abuse of process because there was no demonstrable urgency to justify without‑notice relief and the filing appeared aimed at gaining an unfair advantage; the Court of Appeal's panel composition was lawful under the Senior Courts Act 2016 and there was no miscarriage of justice.