Hulton Patchell Ltd v Mitchell - Pukeroa Oruawhata Trust (2007) 319 Rotorua MB 89 (319 ROT 89) [pdf, 191 KB]
...conclusions. [10] Put bluntly, counsel submitted that the applicant is seeking to set aside the Appellate Court decision by a side wind because they do not like it. They have made it plain that they do not agree with the decision. The trustees could have appealed or sought judicial review. They did not do so. Having failed to exercise its rights of appeal or review, the trust can hardly argue now that this Court should now act to set aside a superior court order. The application the...