Auckland City Council v Wotherspoon - [1990] 1 NZLR 76

Criminal law — Practice and procedure — Appeal — Case stated — Grounds for appeal — "Question of law" — Notes of evidence — After hearing evidence of traffic officer and evidence of defendant District Court Judge dismissed charge of obstruction — Prosecution appealed by way of case stated on point on law — Notes of evidence were annexed to case stated — Whether findings on credibility of witnesses could give rise to point of law — Whether any question of law was involved — Whether appeal should be dismissed — Observations as to whether notes of evidence should be annexed as part of case stated — Observations as to whether trial Judge should refuse to state a case if no identifiable question of law was involved — Summary Proceedings Act 1957, s 107.