New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Pleading rules
  • 5 Oct 2023

    LEWIS v HAMILTON COSMOPOLITAN CLUB INCORPORATED [2023] NZCA 484

    Citation
    [2023] NZCA 484
    Court
    Court of Appeal

    Leave to bring a second appeal was declined because the applicant either failed to pursue available procedural options in the High Court (choosing not to seek an adjournment to advance additional arguments), sought to raise new factual and evidentiary issues (equitable easement) that are the subject of separate proceedings and require evidence, and the proposed grounds did not present the rare, serious arguable questions of law or public importance necessary to justify a second appeal.