Busch v Ireland
[2015] NZCA 82
•19 March 2015 at 2:30 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA650/2014 [2015] NZCA 82 |
| BETWEEN | ROLIEN GEERTRUIDA BUSCH |
| AND | DENNIS PAUL IRELAND AND ANGELA CATHERINE IRELAND STEPHEN JOHN GRANT AND DAVID JAMES SMILLIE Second Respondents |
| Hearing: | 16 March 2015 |
Court: | Randerson, Wild and French JJ |
Counsel: | T J Shiels QC for Applicant |
Judgment: | 19 March 2015 at 2:30 pm |
JUDGMENT OF THE COURT
ALeave to appeal against the judgment of the High Court ([2014] NZHC 1523) is granted.
BThe question on appeal is: Given the Family Court at first instance had made findings of credibility against the first respondents, did the High Court apply the correct approach on appeal?
CThe application for leave to adduce further evidence on appeal is to be determined by the panel hearing the appeal.
DThe first respondents are to pay costs to the applicant for a standard application on a band A basis with usual disbursements.
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Solicitors:
Solomons, Dunedin for Applicant
Antony Hamel, Dunedin for First Respondents
Gallaway Cook Allan, Dunedin for Second Respondents