Payne v Payne

In the case of Payne v Payne, the plaintiff, Roger John Payne, sought to appeal the decision of the Court of Appeal that had previously refused him leave to appeal against a judgment made by MacKenzie J. The respondent, Jeanette Rosslyn Payne, defended the Court of Appeal's decision. The legal issues at hand involved the Supreme Court's jurisdiction to hear an appeal from the Court of Appeal's refusal to recall any of its judgments, as well as whether there were exceptional circumstances that would allow the Court to entertain an interlocutory appeal in this matter.

The Court examined the precedent set by the case of Ngahuia Reihana Whanau Trust v Flight, which established that the Supreme Court does not have the authority to hear an appeal from the Court of Appeal's refusal of leave to appeal. The Court also considered the view that both MacKenzie J and the Court of Appeal had on the matter, which was that the application was an abuse of the Court's process. The Court found no exceptional circumstances that would permit an interlocutory appeal in this case.

Based on the reasoning provided, the Supreme Court dismissed the application for leave to appeal. The Court concluded that there was no basis for a substantive appeal, and therefore no question of stay could arise. The Supreme Court's decision upheld the earlier decisions of MacKenzie J and the Court of Appeal, maintaining that the application was an abuse of the Court's process.