New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Religious instruction in schools

Legal area

Court

4 Oct 2016

JEFFREY FRANCIS MCCLINTOCK v THE ATTORNEY-GENERAL [2016] NZSC 132

Citation

[2016] NZSC 132
Court

Supreme Court

Leave to appeal was dismissed because the issues raised were responses to the applicant's specific procedural conduct rather than matters of public importance; the proposed grounds involved factual disputes or established tests (eg Saxmere) and did not disclose a real risk of miscarriage of justice warranting this Court's intervention.
21 Jun 2016

MCCLINTOCK v THE ATTORNEY-GENERAL [2016] NZCA 274

Citation

[2016] NZCA 274
Court

Court of Appeal

The strike out was set aside because the proceeding was not ready for trial due to an inadequate statement of claim and because striking out did not achieve finality while causing undue prejudice; reinstatement with specified conditions (discontinuance against the Board, filing an amended compliant statement of claim, payment of outstanding costs) was the appropriate remedy.