16 Apr 2008
THE FRIENDS OF PAKIRI BEACH V MCCALLUM BROS LTD & ORS CA CA116/07
- Citation
- openlaw-5fd62504_6899_4b6a_84b8_e09cab3c01f5.pdf
- Court
- Court of Appeal
A High Court strike-out decision disposing of all or part of an appeal under RMA s299 is in substance a decision 'under section 299' and is not appealable as of right under s66 Judicature Act but is appealable only by leave under s308 RMA; the High Court has inherent jurisdiction to strike out such appeals but must exercise it sparingly; costs orders made on such leave/strike-out applications are independently appealable where they are sufficiently fixed, and the costs order made by Andrews J was properly imposed and is upheld.