Philips v Newey

[2005] NZCA 101

IN THE COURT OF APPEAL OF NEW ZEALAND

CA59/05

BETWEENJOHN JAMES PHILLIPS AND CAROLYN GAIL PHILLIPS

Appellants

ANDDENNIS JAMES NEWEY AND KATHLEEN MARY NEWEY

Respondents

Hearing:16 May 2005

Court:Anderson  P, O'Regan and Robertson JJ

Counsel:K P McDonald QC for Appellants

I M Hutcheson for Respondents

Judgment:16 May 2005 

JUDGMENT OF THE COURT

A        The application is dismissed.

BCosts to the respondents of $1,500 together with the usual disbursements.

REASONS

(Given by Anderson P)

[1]       This is an application for special leave to appeal to this Court against part of the decision delivered by Heath J in the High Court at Tauranga relating to the assessment of damages in the context of a contractual dispute. 

[2]       Leave to appeal to this Court was refused by Cooper J on the grounds that the case raised no question of law or fact involving such public or private interest as to warrant a further appeal to this Court with the additional delay and expense that that entails. 

[3]       We have had the opportunity of reading the written submissions by learned counsel and the benefit of further oral submissions in support of the application by Ms  McDonald, but in the end we are far from satisfied that there is any question of such public or private interest as to warrant a further appeal to this Court.  We concur with the more expanded reasons given by Cooper J in his decision refusing leave and in the result dismiss this application with costs to the respondents of $1,500, together with the usual disbursements.

Solicitors:

Holland Beckett, Tauranga for Appellants
Nikki Burley & Associates, Tauranga for Respondents