Lewis v Greene CA183/04

The appeal in Lewis v Greene CA183/04 was brought by Rodney Peter Lewis against Marian Greene. The matter originated from a decision of the Employment Court, which was rendered on 28 July 2004, and was subsequently appealed to the Court of Appeal of New Zealand. The appeal pertained to special leave, with Lewis, appearing in person, seeking to challenge the Employment Court's decision. Marian Greene was represented by R A Alchin.

The primary legal issue before the Court of Appeal was whether the appellant, Lewis, had demonstrated the presence of questions of law that warranted further consideration by the appellate court. The Court was tasked with assessing the merit of Lewis's contention that the Employment Court's decision involved arguable questions of law rather than merely factual disputes. The Court examined the grounds of appeal to determine if they met the threshold for special leave to appeal.

In delivering the judgment, Anderson P, on behalf of the Court of Appeal, concluded that the questions raised in the appeal did not warrant further consideration. The Court expressed doubt about the existence of arguable questions of law, suggesting instead that the issues were largely factual. The Court was not persuaded that the appeal presented significant legal issues that would benefit from the Court of Appeal's intervention. Consequently, the application for special leave to appeal was dismissed, with costs of $3,000 awarded to the respondent, Marian Greene, in addition to disbursements including travel and accommodation costs for one counsel for the respondent.