Ian Russell Geary v The Psychologists Board and another - SC 36/2009

Summary

Civil – cross-examination of witnesses in judicial review proceedings – application by Mr Geary for leave to cross-examine witnesses who had provided affidavits on behalf of the Psychologists Board in a judicial review of decisions of the Board in disciplinary matters concerning Mr Geary – whether the rule imposing a requirement of leave to cross-examine witnesses in applications for judicial review is contrary to statute, and is not a rule that can be made by a Court – whether the Court of Appeal erred in declining to re-examine the validity of the rule – whether there was a proper basis for the High Court to deny the plaintiff the ability to cross-examine the first respondent’s witness.[2009] NZCA 134   CA  818/2008  9 April 2009

Result

Application for leave to appeal dismissed, with costs $2,500 to the first respondent.
24 June 2009

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