Re Chase (No 2) - [1989] 1 NZLR 345

Practice and procedure — Appeals to Privy Council — "Final judgment" — Leave to appeal — While executing a warrant to search the deceased's flat for a shotgun and cartridges, a police office mistakenly believed that the deceased was holding a shotgun, and shot and killed him — Personal representative of deceased's estate claimed compensatory and punitive damages from the Attorney-General, as well as a declaration impugning the conduct of the police — Plaintiff sought leave to appeal with the object of using the Court proceeding as something in the nature of a public inquiry — Whether judgment was a final judgment entitling plaintiff to appeal as of right — Whether it was appropriate to use a civil proceeding as a type of public inquiry — Whether matters at issue were of great general or public importance — Whether leave to appeal should be granted — Privy Council (Judicial Committee) Rules Notice 1973, r 2(a) and (b). — Court of Appeal upheld judgment of High Court to strike out proceeding as disclosing no reasonable cause of action (see [1989] 1 NZLR 325)