Can you appeal a decision not to allow an appeal?

Question Details: I represented myself in the High Court applying for leave to appeal my case to the Court of Appeal. Unfortunately due to time pressure I was unable to advance my full argument. The application was therefore declined. Is there anyway I can get past this hurdle, by going directly to the Court of Appeal arguing that I have a seriously arguable question of law to be heard?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

It depends what it says in the Act that covers your appeal rights. If you require leave of the High Court to appeal a decision to the Court of Appeal (as you have stated) and leave is refused, you are sometimes able to apply for leave directly to the Court of Appeal, if the governing statute to which your decision relates provides this ability.

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