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SUP04

Appeals: the Court of Appeal and the new Supreme Court

NZ $50.00
incl GST
Justice Blanchard Brendan Brown QC
Rt Hon Justice Blanchard
Supreme Court
Brendan Brown QC
Wellington
Greg King Bill Wilson QC
Greg King
Barrister
Wellington
Bill Wilson QC
Wellington

Pages: 124

Introduction

The High Court decision is disappointing and your client inquires about the availability of an appeal. The merits of any appeal aside, there are three questions you need to ask yourself:

  1. Does an appeal lie to the Court of Appeal from the High Court’s decision?
  2. If so, is there an appeal as of right, or is leave required?
  3. What is the time for appealing or seeking leave?

The starting point is s 66 of the Judicature Act 1908:

66. Court may hear appeals from judgments and orders of the High Court – The Court of Appeal shall have jurisdiction and power to hear and determine appeals from any judgment, decree, or order save as hereinafter mentioned, of the High Court, subject to the provisions of this Act and to such rules and orders for regulating the terms and conditions on which such appeals shall be allowed as may be made pursuant to this Act.

Authors

Author(s): Rt Hon Justice Blanchard, Greg King, Bill Wilson QC, Brendan Brown QC
Published: 18 October, 2004

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Criminal Appellate Advocacy

Publication Date: 18-May-2009

Author(s): David Jones QC, Warren Pyke

NZ $40.00
incl GST

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