Matthew John Birchler v New Zealand Police - SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83 25 November 2009
Result
Application for leave to appeal granted.
18 March 2010
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Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.
Reasons to be given later.
Related Documents
Leave judgment - leave granted — BIRCHLER v NEW ZEALAND POLICE SC 116/2009 [18 March 2010]
Additional Information