Li v Green Land Investment Limited

The High Court of New Zealand Auckland Registry considered an application for leave to appeal in the case of Li v Green Land Investment Limited. The application was made by Mr Xing, the third defendant, seeking to appeal the Court’s decision to decline his application to vary an interim injunction. The primary focus of this judgment was to determine whether leave to appeal should be granted to Mr Xing.

The legal issues before the Court involved whether Mr Xing had identified an arguable error of law or fact that was of general or public importance, sufficient to warrant an appeal. The Court had to assess whether the circumstances justified the further delay associated with an appeal and whether the interests of justice would be served by granting leave. Given that the decision pertained to an interlocutory matter, the threshold for granting leave to appeal was high.

The Court found that Mr Xing's application was largely a series of assertions and rambling points, with no clear arguable error of law or fact emerging from his submissions. The effect of the decision to decline the interim injunction was neither of general or public importance nor sufficiently significant to Mr Xing, particularly considering the upcoming substantive proceedings hearing scheduled for 1 May 2023. The Court concluded that the interests of justice did not support granting leave to appeal.

As a result, the application for leave to appeal was dismissed.