Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Governors v Anderson

IN THE SUPREME COURT OF NEW ZEALAND
SC 75/2005
[2006] NZSC 25

BETWEEN GOVERNORS LIMITED
First Appellant
AND STEPHEN KEVIN CHAMBERLAIN
Second Appellant

AND GEORGE ALBERT ANDERSON AND
MARGARET ADAIR ANDERSON
First Respondents
AND THOMAS MACKINNON ANDERSON
Second Respondent

Court: Tipping, McGrath and Anderson JJ
Counsel: D G Dewar and J C Moore for First and Second Appellants
N Levy for First and Second Respondents

Judgment: 5 April 2006

JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.

REASONS

[1] The appellants seek leave to appeal against decisions of the Court of Appeal declining to admit further evidence on an application for recall and reassessing damages for breach of a lease. Leaving aside whether the Court of Appeal had the power to admit new evidence on a recall application, we are satisfied that the new evidence here went far wider than the legitimate compass of that application.

Furthermore, we can see no basis for concluding that the way the Court of Appeal 2 exercised its discretion in this case raises any matter of general or public importance or of commercial significance.

[2] The second limb of the intended appeal concerned the way in which the Court of Appeal dealt with the question of damages. It depended substantially on the admission of the new evidence and, in any event, did not raise any matter of general principle or commercial significance. The damages issues were very much dependent on the particular facts of this case and the way it was pleaded.

[3] The appellants have not satisfied us that it is necessary in the interests of justice, within the meaning of s 13 of the Supreme Court Act 2003, for leave to be granted on either point. The application for leave must therefore be dismissed.

Solicitors:
Thomas Dewar Sziranyi Druce, Lower Hutt for Appellants
Sladden Cochrane & Co, Wellington for Respondents

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>

ALSO:

Corrections Corrected: Supreme Court Rules On Release Dates

Corrections has always followed the lawful rulings of the Court in its calculation of sentence release dates. On four previous occasions, the Court of Appeal had upheld Corrections’ practices in calculating pre-sentence detention. More>>

ALSO:

Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>

ALSO:

General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Gordon Campbell: On Our Posturing At The UN

In New York, Key basically took an old May 2 Washington Post article written by Barack Obama, recycled it back to the Americans, and still scored headlines here at home… We’ve had a double serving of this kind of comfort food. More>>

ALSO:

Treaty Settlements: Bills Delayed As NZ First Pulls Support

Ngāruahine, Te Atiawa and Taranaki are reeling today as they learnt that the third and final readings of each Iwi’s Historical Treaty Settlement Bills scheduled for this Friday, have been put in jeopardy by the actions of NZ First. More>>

ALSO:

Gordon Campbell: On The Damage De-Regulation Is Doing To Fisheries And Education, Plus Kate Tempest

Our faith in the benign workings of the market – and of the light-handed regulation that goes with it – has had a body count. Back in 1992, the free market friendly Health Safety and Employment Act gutted the labour inspectorate and turned forestry, mining and other workplace sites into death traps, long before the Pike River disaster. More>>

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news