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LFDB v SM - SC 78/2014

Summary

Civil Appeal – Whether the Court of Appeal applied the wrong standard of review on appeal – Whether the Court of Appeal erred in finding that the injury to the respondent and to the interests of the administration of justice more generally outweighed the injustice to the appellant in being debarred from further participation in the proceedings[2014] NZCA 326  CA 864/2013

Result

The application for leave to appeal is granted (SM v LFDB [2014] NZCA 326).
The approved ground of appeal is whether the Court of Appeal was wrong to allow the appeal.  
The Registrar is directed to set down the appeal for hearing as soon as possible during 2014.
25 September 2014
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The application for a stay of the Court of Appeal’s judgment (SM v LFDB [2014] NZCA 326) and for a further direction that copies of documents be provided to the appellant is dismissed.The appellant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
20 November 2014
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Leave to appeal is revoked.
Costs reserved.
5 December 2014
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A  The appellant must pay costs of $52,245.63 and disbursements of $1,511.12 in respect of the appeal.
B  The appellant must also pay in addition to costs previously ordered, disbursements of $437.30 in respect of the stay application determined by the Court.
31 March 2015

Hearing Transcripts

Related Documents

Leave judgment - leave granted — LFDB v SM [2014] NZSC 131 [25 September 2014] (PDF 60 KB)

Additional document — Application for a stay of CA judgment: LFDB v SM [2014] NZSC 168 [20 November 2014] (PDF 76 KB)

Additional document — Leave to appel revoked: LFDB v SM [2014] NZSC 197 [22 December 2014] (PDF 93 KB)

Additional document — Cost judgment: LFDB v SM [2015] NZSC 31 [31 March 2015] (PDF 67 KB)