Vince and Jane Siemer and Paragon Services Limited v Kate Fardell, Executrix for Robert Fardell - SC 93/2007

Summary

Summary Civil – interlocutory – applicants seeking trial by jury in proceedings for negligence and breach of fiduciary duty – whether Court of Appeal erred in confirming decision of High Court to grant respondent’ s application for an order that the trial be held before a Judge alone – applicability of s 19A(5)(a) and/or (b) Judicature Act 1908 – applicants alleging conflicts of interest on part of High Court and Court of Appeal Judges.[2007] NZCA 530 CA 171/07 22 November 2007

Result

Application for leave to appeal dismissed. Costs $1500 to respondent. 28 February 2008

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