16 Aug 2007
DOWNER CONSTRUCTION (NZ) LTD V SILVERFIELD DEVELOPMENTS LTD CA CA65/06
- Citation
- openlaw-881529fa_2469_4bdd_aac2_de6ccdb2a771.pdf
- Court
- Court of Appeal
All three applications were dismissed: no special leave to appeal out of time was granted against the entry of the awards as judgments; Randerson J did not refuse leave on other questions so there was no jurisdiction to hear a cl 5(5) appeal; none of Downer's proposed questions met the criteria for leave under cl 5(5) or special leave under cl 5(6); an applicant cannot widen the issues on a second appeal beyond the essence of the questions for which High Court leave was granted.