Friedrich Joachim Fehling v Douglas John Appleby
[2015] NZSC 178
•23 November 2015
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 110/2015 [2015] NZSC 178 |
| BETWEEN | FRIEDRICH JOACHIM FEHLING |
| AND | DOUGLAS JOHN APPLEBY |
| Court: | William Young, Glazebrook and O'Regan JJ |
Counsel: | Applicant in person |
Judgment: | 23 November 2015 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed.
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REASONS
Mr Fehling seeks leave to appeal against:
(a)a Human Rights Review Tribunal decision;[1] and/or
(b)the decision of the High Court dismissing his appeal against that decision.[2]
[1]Fehling v Appleby [2014] NZHRRT 24.
[2]Fehling v Appleby [2014] NZHC 75 (Whata J).
Mr Fehling’s application to the High Court for leave to appeal to the Court of Appeal was dismissed by Nation J.[3] His application for special leave to appeal to the Court of Appeal was also dismissed.[4]
[3]Fehling v Appleby [2015] NZHC 388.
[4]Fehling v Appleby [2015] NZCA 428 (Harrison, French and Cooper JJ).
No appeal to this Court lies from the Court of Appeal’s decision to decline leave.[5]
[5]Section 124(6) of the Human Rights Act 1993 and s 7(b) of the Supreme Court Act 2003.
While there may nevertheless be jurisdiction to grant leave for a direct appeal from the High Court decision, this would only be granted in extremely compelling circumstances.[6]
[6]Burke v The Western Bay of Plenty District Council [2005] NZSC 46, (2005) 18 PRNZ 560 at `[5]. See also the requirements of s 14 of the Supreme Court Act 2003.
Mr Fehling has not provided any “extremely compelling” reasons why he should be allowed a direct appeal from the High Court. His submissions, instead, seek to re-argue the points of law and fact which have been dismissed by both the High Court and the Court of Appeal.
The application for leave to appeal is dismissed.
As Mr Appleby indicated he would abide the decision of the Court, there is no order for costs.
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