Lyons v Nicholls (No. 2) - [1958] NZLR 460

Practice — Appeals to Privy Council — Action for Damages — Jury Finding for Plaintiff and Awarding Damages — Motion for Judgment or New Trial — Court of Appeal dismissing Appeal in Respect of Motion for Judgment — Later, after Argument and Judgment in Respect of New Trial, Court of Appeal allowing Appeal therefrom and ordering New Trial save as to Damages — Application for Leave to Appeal to Her Majesty in Council against First of Court of Appeal Judgments — Both Judgments to be treated as Together forming One Judgment — Question involved not of "great general or public importance, or otherwise" — Leave to Appeal also refused on Grounds of Convenience and Justice, and on Ground that Defendant was seeking to pursue Application for Judgment while retaining Order for New Trial — Privy Council Appeals Rules 1910, R. 2 (b).