IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2024-404-1944
[2025] NZHC 2994
BETWEEN CHERYL SINGH
Applicant
AND
SON SINGH and RAJESH JATTAN
Interested Parties
Hearing: On the papers Counsel:
N W Woods for the applicant
K Anderson KC for the interested parties
Judgment:
9 October 2025
JUDGMENT OF BLANCHARD J
[Application for leave to appeal]
This judgment was delivered by me on 9 October 2025 at 4.30 pm pursuant to Rule 11.5 of the High Court Rules 2016
Registrar/Deputy Registrar
Solicitors:
Rice Craig, Auckland Wynn Williams, Auckland
SINGH v SINGH [2025] NZHC 2994 [9 October 2025]
[1] Mr Singh and Mr Jattan seek leave to appeal against the decision in my judgment dated 16 July 2025 to dismiss their application for a Beddoe order to fund their defence of a judicial review application brought by Ms Singh relating to the Calvary Indian Assembly of God, a church in East Tamaki (the Church).1 They need leave under s 56 of the Senior Courts Act 2016 because they made their application for the Beddoe order by way of an interlocutory application. Their application is opposed by Ms Singh.
[2] In the same judgment, I dealt with a Beddoe application by Ms Singh. She brought her application to fund her claim in the judicial review application. I made an order in her favour.2 Mr Singh and Mr Jattan have appealed that aspect of my judgment as well. They do not require leave to bring that appeal because Ms Singh’s application was made by originating application.
Decision to dismiss Mr Singh and Mr Jattan’s application
[3] The two applications for Beddoe orders were listed before me in the Judicial Review list on 21 May 2025. I recorded in my minute on that date that:3
Some submissions have already been filed in relation to the Beddoe
applications, but further and/or updating submissions are required.
[4] Accordingly, I directed the parties to file any submissions in support of their applications. I said that, upon such material being filed, the Court would resolve the applications on the papers.4
[5] Ms Singh filed a further memorandum and affidavit in support of her application. In contrast, however, nothing further was filed by Mr Singh and Mr Jattan. In view of this, I concluded that their application could not proceed and dismissed their application.5
1 Singh v Singh [2025] NZHC 1952.
2 At [25].
3 Singh v Singh HC Auckland CIV-2024-404-1289, 21 May 2025 (Minute of Blanchard J) at [4].
4 At [6].
5 Singh v Singh, above n 1, at [22]–[23].
Leave criteria
[6] Section 56 of the Senior Courts Act provides a “filtering mechanism” to ensure that unmeritorious appeals of interlocutory orders, or appeals of interlocutory orders of no great significance to the parties or more generally, do not unnecessarily delay proceedings.6 A “high threshold” applies. Applicants must raise an arguable error of law or fact that is of general or public importance, or…
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CaseChat Overview and Summary
The legal issues before the court were whether Mr Singh and Mr Jattan had identified an arguable error of law or fact in the dismissal of their application for a Beddoe order and whether it was in the interests of justice to hear their appeal together with the appeal against the order made in favour of Ms Singh. The court also considered the criteria for leave to appeal, including whether the error of law or fact was of general or public importance or of sufficient importance to the applicant.
Blanchard J found that Mr Singh and Mr Jattan had not identified an arguable error in the dismissal of their application. The court had not overlooked the submissions filed by Mr Singh and Mr Jattan in August and September 2024, which were referred to in the court's minute of 21 May 2025. Those submissions contained background information relevant to their Beddoe application but did not make substantive submissions in support of the application. The court had directed the parties to file further and/or updating submissions, which Mr Singh and Mr Jattan failed to do. As a result, the application could not proceed, and the dismissal was upheld. Blanchard J also declined the application for leave to appeal.
The application for leave to appeal was declined.
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