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Case summaries 2017

 

2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004

 

Updated 22 June 2017

 

Case Number

SC 1/2017

Case Name

Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust v Ian Bruce Shepherd and Christine Margaret Dunphy

Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal erred in declining the application for an extension of time. 

[2016] NZCA 446   CA51/2016

Result

 

HC judgment SHEPHARD v RABSON [2015] NZHC 3137  9 December 2015
Judgment appealed from

RABSON AND CRESER AS TRUSTEES OF THE MALCOLM RABSON FAMILITY TRUST v SHEPHARD [2016] NZCA 446    19 September 2016

Leave judgment

 

 

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Case Number

SC 2/2017

Case Name

Donna Michelle Ritchie v Accident Compensation Corporation

Summary Civil Appeal – Accident Compensation Act 2001, s 110(3) – Whether the Court of Appeal erred in its interpretation of s 110(3) of the Accident Compensation Act 2001 –  Whether the Court of Appeal erred in applying McGrath v Accident Compensation Corporation [2011] NZSC 77, [2011] 3 NZLR 733 –  Whether the Court of Appeal erred in its assessment of evidence.  
Result

The application for leave to appeal is dismissed.
1 May 2017

HC judgment DONNA RITCHIE V ACCIDENT COMPENSATION CORPORATION [2015] NZHC 2305    23 September 2015
Judgment appealed from DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2016] NZCA 577   2 December 2016
Leave judgment - leave dismissed

DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2017] NZSC 54    1 May 2017

 

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Case Number

 SC 3/2017

Case Name

Malcolm Edward Rabson v Linda Gallagher, Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust and Wayne Seymour Chapman as Trustee of the Gallagher-Rabson Family Trust

Summary

Civil Appeal – Whether the Court of Appeal was correct to decline the application for clarification of the orders in Rabson v Gallagher [2011] NZCA 669. 

Result

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to each of the first and third respondents.

5 April 2017

________________

The application for recall is dismissed.


4 May 2017

CA judgment MALCOLM EDWARD RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST V LINDA   GALLAGHER COA CA507/2010   20 December 2011
Judgment appealed from

RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILIY TRUST v GALLAGHER [2016] NZCA 584    6 December 2016

Leave judgment - leave dismissed MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 44    5 April 2017
Recall judgment - recall dismissed MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 63    4 May 2017

 

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Case Number

 SC 4/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Summary

Civil Appeal – Whether the High Court erred in striking out the applicant’s application for judicial review of the Judicial Conduct Commissioner’s decision that it did not have jurisdiction to consider the applicant’s complaint.

Result

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.

27 March 2017

________________________

The application for recall is dismissed.    

9 May 2017

HC judgment appealed from MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 3162   20 December 2016                                             __
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 39  27 March 2017
Recall judgment - recall dismissed MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 66   9 May 2017

 

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Case Number

 SC 5/2017

Case Name

Gary Owen Burgess v Malley & Co 

Summary

Civil Appeal – Whether the Court of Appeal erred by declining to remove the respondent’s legal representatives

Result

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.


27 March 2017

HC judgment MALLEY & CO v BURGESS [2016] NZHC 907    5 May 2016
Judgment appealed from BURGESS v MALLEY & CO [2016] NZCA 585   6 December 2016
Leave judgment - leave dismissed GARY OWEN BURGESS v MALLEY & CO [2017] NZSC 38   27 March 2017

 

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Case Number

 SC 6/2017

Case Name

 David Keith Silby v New Zealand Police

Summary

Criminal Appeal – Criminal Procedure Act 2011, s 237 – Whether the Court of Appeal erred in declining leave to bring a second appeal against conviction and sentence in respect of offences under the Land Transport (Road User) Rule 2004.

Result

The application for leave to appeal is dismissed.

7 April 2017

HC judgment SILBY v NEW ZEALAND POLICE [2016] NZHC 162   15 February 2016
Judgment appealed from

SILBY v NEW ZEALAND POLICE [2016] NZCA 592  9 December 2016

Leave judgment - leave dismissed

DAVID KEITH SILBY v NEW ZEALAND POLICE [2017] NZSC 46   7 April 2017

 

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Case Number

SC 7/2017 

Case Name

Hyun Su Park v Joong Song Kwak and Hye Sook Kwak, Andrew J Steele and Jarred Scott, Tim J Rainey and Jonathan Wood

Summary

Civil Appeal – Weathertight Homes Resolution Services Act 2006, ss 93 and 95 – Whether the High Court and Court of Appeal erred in their approach to a second appeal under the Weathertight Homes Resolution Services Act.
 

Result

A The application is dismissed for want of jurisdiction.
B Costs of $2,500 are awarded to the third respondents.              
9 February 2017

HC judgment KWAK & ANOR v PARK [2016] NZHC 530    24 March 2016
Judgment appealed from

PARK v KWAK & ANOR [2016] NZCA 574   8 December 2016 not available online  _

Leave judgment - leave dismissed

HYUN SU PARK v JOONG SONG KWAK AND HYE SOOK KWAK [2017] NZSC 2  9 February 2017

 

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Case Number

 SC 8/2017

Case Name

Nicholas David Wright v Vijay Bhosale and Attorney-General 

Summary

Civil Appeal – New Zealand Bill of Rights Act 1990, ss 21, 23 and 24(a) –Whether the Court of Appeal erred in finding there was no breach of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its assessment of the intention required to obtain exemplary damages. 

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the second respondent.

9 May 2017

HC judgment WRIGHT v BHOSALE & ANOR [2016] NZHC 3367   21 December 2015
Judgment appealed from

WRIGHT v BHOSALE & ANOR [2016] NZCA 593  9 December 2016

Leave judgment - leave dismissed NICHOLAS DAVID WRIGHT v VIJAY BHOSALE AND ATTORNEY-GENERAL [2017] NZSC 69   9 May 2017

 

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Case Number

SC 9/2017 

Case Name

Chatfield & Co Limited v Commissioner of Inland Revenue

Summary

Civil Appeal – Discovery – s 10 Judicature Amendment Act 1972 – Did the Court of Appeal err in deciding documents exchanged pursuant to a Double Taxation Agreement were not discoverable in judicial review proceedings? 

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.

11 April 2017

HC judgment CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2015] NZHC 2099    1 September 2015
Judgment appealed from

CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZCA 614   16 December 2016

Leave judgment - leave dismissed

CHATFIELD & CO LIMITED v COMMISSIONER OF INLAND REVENUE [2017] NZSC 48   11 April 2017

 

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 Upcoming hearing date 8 August 2017

Case Number

SC 10/2017 

Case Name

Craig Duthie and Kirsten Taylor-Ruiterman, and DRK Chartered Accountants Limited v Denise Michelle Roose, and Denise Developments Limited, and DMR Development Limited

Result

A  The application for leave to appeal is granted (Roose v Duthie [2016] NZCA 600).
B The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.

2 May 2017

Hearing

8 August 2017                                                                      

Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

HC judgment ROOSE v DUTHIE [2015] NZHC 2035   27 August 2015
Judgment appealed from

ROOSE v DUTHIE [2016] NZCA 600     15 December 2016

Leave judgment - leave granted

DUTHIE AND TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 57  2 May 2017

 

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Case Number

 SC 11/2017

Case Name

 F v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

[2016] NZCA 619   CA247/2016

 

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                   

8 March 2017
HC judgment not available - suppression orders
Judgment appealed from

not available - suppression orders 

Leave judgment

 

 

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Case Number

SC 12/2017 

Case Name

Kathryn Anne Harlen v Chief Executive of the Ministry of Social Development

Summary

Civil Appeal – Social Security Act 1964, s 86 – Whether the High Court erred in its view of the Chief Executive’s discretion to decline to recover benefit overpayments.

Result

The application for leave to appeal is dismissed.
12 June 2017

HC judgment

Harlen v Chief Executive of the Ministry of Social Development [2016] NZHC 1954

Judgment appealed from Harlen v Chief Executive of the Ministry of Social Development [2016] NZCA 648
Leave judgment - leave dismissed KATHRYN ANNE HARLEN v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL
DEVELOPMENT [2017] NZSC 87   12 June 2017

 

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Case Number

SC 13/2017 

Case Name

Mark David Chisnall v Chief Executive of the Department of Corrections

Summary

Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.  

Results

A Leave to appeal is granted (Chisnall v Chief Executive of the Department of Corrections [2016] NZCA 620).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.


13 April 2017

Hearing

22 June 2017                                                                      
Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

HC judgment CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2016] NZHC 796     26 April 2016
Judgment appealed from CHISNALL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 620    19 December 2016
Leave judgment - leave granted CHISNALL v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 50

 

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Case Number

 SC 14/2017

Case Name

Ronnie Joseph de Wys and Penelope Helen Louisa de Wys v The Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009 ss 50 and 55– Whether the Court of Appeal erred in finding the applicants unlawfully benefitted from significant criminal activity. 

Result

The applications for leave to appeal are dismissed.
4 May 2017

HC judgment The Commissioner of Police v de Wys [2015] NZHC 540    24 March 2015
Judgment appealed from

COMMISSIONER OF POLICE v DE WYS [2016] NZCA 634    21 December 2016

Leave judgment - leave dismissed

 DE WYS v THE COMMISSIONER OF POLICE [2017] NZSC 62   4 May 2017

 

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Case Number

 SC 15/2017

Case Name

 Mateo Melina Nixon v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s conviction appeal – Whether the applicant’s sentence was adequately reduced.

Result

The application for leave to appeal is dismissed.
2 May 2017

DC judgment THE QUEEN v NIXON [2015] NZDC 16756 not available
Judgment appealed from

 NIXON V R [2016] NZCA 589   9 December 2016

Leave judgment - leave dismissed

 MATEO MELINA NIXON v R [2017] NZSC 56   2 May 2017

 

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Case Number

SC 16/2017 

Case Name

 Richard Lyall Genge v Superintendent of Christchurch Men's Prison

Summary

Civil Appeal – Whether the High Court erred in failing to grant the applicant’s application for a writ of habeas corpus.

Result

The application for leave to appeal is dismissed.                               

28 March 2017

Judgment appealed from

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZHC 20 [19 January 2017]

Leave judgment - leave dismissed

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZSC 40    28 March 2017

 

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Case Number

 SC 17/2017

Case Name

Rhys Richard (Ngahiwi) Warren v Chief Executive of the Department of Corrections

Summary

Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.   

Result

The application for leave to appeal is dismissed.                              

2 March 2017

Judgment appealed from

RHYS RICHARD (NGAHIWI) WARREN V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 12    17 January 2017

Leave judgment - leave dismissed

RHYS RICHARD (NGAHIWI) WARREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 20          2 March 2017

 

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Case Number

 SC 18/2017

Case Name

 B v ALA

Summary

Civil Appeal – Whether the Employment Court erred in its application of confidentiality provisions in a settlement agreement.

Result

A The application for an extension of time to apply for leave to appeal is granted but the application for leave is dismissed.
B The applicant must pay costs to the respondent of $2,500.

26 April 2017

Employment Court decision

ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016]

Judgment appealed from

 B v ALA [2016] NZCA 385 [10 August 2016]

Leave judgment - leave dismissed

 B (SC 18/2017) v ALA (SC 18/2017) [2017] NZSC 51  26 April 2017

 

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Case Number

 SC 19/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Result

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.


5 April 2017

Judgment appealed from

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 2539   25 October 2016

Leave judgment

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 45    5 April 2017

 

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Case Number

 SC 20/2017

Case Name

Ram Chander Dahiya v Chief Executive of the Ministry of Business, Innovation and Employment

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal for an extension of time. 

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.

8 May 2017

High Court judgment

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1217 [8 June 2016] 

Judgment appealed from

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZCA 546    22 November 2016

Leave judgment

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZSC 67  8 May 2017

 

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Case Number

 SC 21/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Summary

 

Result

The application for leave to appeal is dismissed.

16 May 2017

Judgment appealed from

NZLII : RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZCA 44 [6 March 2017]

Leave judgment - leave dismissed

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 74 16 May 2017

 

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Case Number

 SC 22/2017

Case Name

 R v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in ordering a retrial.

[2016] NZCA 341   CA634/2015 

Result

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of retrial.  Publication in law report or law digest permitted.


20 March 2017

Judgment appealed from

 suppression

Leave judgment

 

 

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Case Number

 SC 23/2017

Case Name

Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington

Summary

Civil Appeal – Judicial review – Whether the Court of Appeal erred in holding that the first respondent had not exercised its prosecutorial discretion unlawfully or
unreasonably – Whether the dismissal of charges by the second respondent was ultra vires because the Judge hearing the matter had earlier recused herself from the proceedings.

High Court judgment OSBORNE & OR v WORKSAFE NZ & OR [2015] NZHC 2991  27 November 2015
Judgment appealed from

OSBORNE & ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZCA 11  16 February 2017

Leave judgment

OSBORNE AND ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 90  19 June 2017

 

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Case Number

 SC 24/2017

Case Name

AN v Bupa Care Services (New Zealand) Limited

Summary

Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.

Result

A  The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs.

12 April 2017

_____

The application for recall is dismissed.
1 May 2017

Judgment appealed from N v BUPA CARE SERVICES (NEW ZEALAND) LTD [2017] NZHC 499  17 March 2017
Leave judgment - leave dismissed

AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 49   12 April 2017

Recall judgment - recall dismissed

AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 52  1 May 2017

 

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 Hearing date : 24 and 25 August 2017

Case number

 SC 25/2017

Case name

Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee

Summary

Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay the first respondent costs of $2,500.

5 May 2017

High Court judgment COMMISSIONER OF INLAND REVENUE v CLARENCE JOHN FALOON [2016] NZHC 760   14 April 2016
Judgment appealed from

FALOON v COMMISSIONER OF INLAND REVENUE [2016] NZCA 537  11 November 2016

Leave judgment

CLARENCE JOHN FALOON v COMMISSIONER OF INLAND REVENUE [2017] NZSC 65   5 May 2017

 

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 Upcoming hearing 24 and 25 August 2017

Case Number

 SC 26/2017

Case Name

Wellington International Airport Limited v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Director of Civil Aviation

Summary

Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.

Result

A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.

16 May 2017

High Court judgment NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 6 July 2016
Judgment appealed from

NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 28 February 2017

Leave judgment - leave granted

WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ
ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70  16 May 2017

 

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Case Number

 SC 27/2017

Case Name

Alan Ivo Greer v The Queen 

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence. 

Result

The application for leave to appeal is dismissed.

16 May 2017

High Court judgment R v GREER [2014] NZHC 2364     26 September 2014
Judgment appealed from

GREER v R [2016] NZCA 630   21 December 2016

Leave judgment - leave dismissed

 ALAN IVO GREER v R [2017] NZSC 75   16 May 2017

 

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Case Number

 SC 28/2017

Case Name

K v T

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that without prejudice negotiations that do not result in an agreement do not preclude mutuality – Whether the Court of Appeal erred in finding that there was evidence of a common intention between the parties sufficient to sever the joint tenancy.

Result
HC judgment K v T [2016] NZHC 251 [24 February 2016]
Judgment appealed from

T v K [2017] NZCA 25 [28 February 2017]

 

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Case Number

 SC 29/2017

Case Name

R v The Queen

Summary

Criminal Appeal – Whether the hearsay statement by the complainant was correctly admitted as evidence at the applicant’s trial.

Judgment appealed from

DC (not available publicly)

 

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 Upcoming hearing : 24 and 25 August 2017

Case Number

 SC 30/2017

Case Name Director of Civil Aviation v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Wellington International Airport Limited
Summary
Result A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
16 May 2017
HC judgment NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528   6 July 2016
Judgment appealed from NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27   28 February 2017
Leave judgment - leave granted WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ
ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70  16 May 2017

 

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Case Number

 SC 31/2017

Case Name

L v W

Summary

Criminal Appeal – Whether the Supreme Court has jurisdiction to hear an appeal by a complainant in a criminal matter – Whether the Court of Appeal erred in its analysis of the complainant’s credibility.

HC judgment

not available online

Judgment appealed from

not available online

Leave judgment - leave dismissed

L (SC 31/2017) v R [2017] NZSC 94   21 June 2017

 

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Case Number

 SC 32/2017

Case Name

Midgen Enterprises Limited and David James Midgen v Water Guard NZ Limited

Summary

Civil Appeal – Whether the Court of Appeal erred in overturning the costs award of the High Court. 

Result

A  The application for leave to appeal is dismissed.
B The applicants are to pay costs of $2,500 to the respondent.

9 May 2017

HC judgment

WATER GUARD NZ LTD v MIDGEN ENTERPRISES LTD [2016] NZHC 1546 8 July 2016

Judgment appealed from WATER GUARD NZ LIMITED V MIDGEN ENTERPRISES LIMITED [2017] NZCA 36 2 March 2017
Leave judgment - leave dismissed MIDGEN ENTERPRISES LIMITED v UV WATER SYSTEMS LIMITED [2017] NZSC 68    9 May 2017

 

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Case Number

 SC 33/2017

Case Name

Ahu Stanley Taylor v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence.  

HC judgment

R v AHU TAYLOR [2016] NZHC 1620 [15 July 2016] (Sentencing)

Judgment appealed from TAYLOR v R [2017] NZCA 53   9 March 2017

 

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Case Number

 SC 34/2017

Case Name

Stevenson Brown Limited v Montecillo Trust

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that a short form agreement limiting the liability of the applicant was not incorporated into the contract of engagement between the applicant and respondent.

HC judgment MONTECILLO TRUST v STEVENSON BROWN LIMITED [2016] NZHC 684   14 April 2016
Judgment appealed from STEVENSON BROWN LIMITED V MONTECILLO TRUST [2017] NZCA 57  13 March 2017

 

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Case Number

 SC 35/2017

Case Name

David Stanley Trantor v The Queen 

Summary

Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction(s) – Whether there were sufficient grounds to impose a sentence of preventive detention.

HC judgment

R v TRANTER [2016] NZHC 111 [5 February 2016]

Judgment appealed from TRANTER v R [2017] NZCA 45  7 March 2017

 

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Case Number

 SC 36/2017

Case Name

Matthew Richard Brown v New Zealand Police

Summary

Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in declining leave to bring second appeals against conviction and sentence.

HC judgment

 

Judgment appealed from BROWN v NEW ZEALAND POLICE [2017] NZCA 71   23 March 2017

 

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 Upcoming hearing 10 August 2017

Case Number

 SC 37/2017

Case Name

Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council 

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles

Result A Leave to appeal is granted (Invercargill City Council v Southland Indoor Leisure Centre Charitable Trust
[2017] NZCA 68).
B The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J.

 

30 May 2017

Hearing

10 August 2017                                                                                                      

Elias CJ. William Young, Glazebrook, O'Regan and Ellen France JJ

HC judgment

SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2015] NZHC 1983   20 August 2015

Judgment appealed from INVERCARGILL CITY COUNCIL v SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST [2017] NZCA 68   21 March 2017

Leave judgment - leave granted SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL
[2017] NZSC 81    30 May 2017

 

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Case number

 SC 38/2017

Case Name

 R v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

[2017] NZCA 55   CA606/2016

Result Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.        


7 June 2017

Judgment appealed from not publicly available

 

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Case number

 SC 39/2017

Case Name

 S v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether cross examination of witnesses was adequate. 

Judgment appealed from S (CA361/2010) V R CA [2013] NZCA 179 [30 May 2013]

 

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Case number

 SC 40/2017

Case Name

 F v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.

Judgment appealed from not publically available

 

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Case number

 SC 41/2017

Case Name

 John Archibald Banks v The Queen

Summary

Criminal Appeal – Costs in Criminal Cases Act 1967, s 5 – Whether the Court of Appeal and High Court erred in declining to award costs to the applicant following his acquittal.

HC judgment

BANKS v THE QUEEN [2016] NZHC 1596   14 July 2016

Judgment appealed from BANKS v R [2017] NZCA 69    21 March 2017

 

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Case number

 SC 42/2017

Case Name

 Mathew Ngatai Te Moanaui v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation of s 202C of the Crimes Act 1961.

Judgment appealed from TE MOANANUI v R [2017] NZCA 88   28 March 2017
Leave judgment - leave dismissed MATHEW NGATAI TE MOANANUI v R [2017] NZSC 93  20 June 2017

 

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Case number

 SC 43/2017

Case Name

 Tony Douglas Robertson v The Queen

Summary

Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.

HC judgment

R v R [2015] NZHC 713    15 April 2015

Judgment appealed from ROBERTSON v R [2016] NZCA 99   8 April 2016

 

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Case number

 SC 44/2017

Case Name

 Michael John Denney v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal.

Result

The application for leave to appeal is dismissed.                                        

9 June 2017

Judgment appealed from DENNEY v R [2017] NZCA 80   27 March 2017
Leave judgment - leave dismissed MICHAEL JOHN DENNEY v R [2017] NZSC 85   9 June 2017

 

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Case number

 SC 45/2017

Case Name

 H v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

[2017] NZCA 108   CA508/2016

Results

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                   

16 May 2017

Judgment appealed from not publically available

 

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Case number

 SC 46/2017

Case Name

 S v The Queen

Summary

 

Judgment appealed from not publically available

 

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Case number

 SC 47/2017

Case Name

 Bruce James Spittle v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in its determination that the verdict of the jury in the applicant’s trial was not unreasonable having regard to the evidence. 

High Court judgment

(not publically available)

Judgment appealed from

SPITTLE v R [2017] NZCA 116 [7 April 2017]

 

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Case number

 SC 48/2017

Case Name

 Wayne Thomas Patterson v The Queen

Summary

Criminal Appeal – Sentencing Act 2002 – Special release conditions – Whether Sentencing Act authorises a court to confer a power of search on a probation officer – Whether conditions imposed reasonable and proportional in the circumstances.

High Court judgment

PATTERSON v THE QUEEN [2017] NZHC 49 [31 January 2017]

Judgment appealed from PATTERSON v R [2017] NZCA 66 [20 March 2017]

 

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Case number

 SC 49/2017

Case Name

ActiveDocs Limited v Cadre Investments Limited, Michael William Scott and Stanbridge and Treasury Mrechant Finance Limited

Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract regarding preference shares – Whether High Court erred by invoking a presumption that dividends from preference shares are calculated cumulative.

HC judgment

CADRE INVESTMENTS LTD & ORS v ACTIVEDOCS LTD [2016] NZHC 1489 [1 July 2016]

Judgment appealed from ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED & ORS [2017] NZCA 121 [11 April 2017]
Leave judgment - leave dismissed ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED, MICHAEL WILLIAM SCOTT STANBRIDGE AND TREASURY MERCHANT FINANCE LIMITED [2017] NZSC 91   20 June 2017
 

 

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Case number

 SC 50/2017

Case Name

 P v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

[2017] NZCA 106   CA66/2017

Result

Judgment released.
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                   

24 May 2017

HC judgment

(not available publically)

Judgment appealed from (not available publically)
SC judgment (not available publically)

 

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Case number

 SC 51/2017

Case Name

 Z v Z

Summary

Civil Appeal – Whether the Court of Appeal erred in making suppression orders.

High Court judgment (not available publically)
Judgment appealed from Z V Z [2017] NZCA 94 [29 March 2017]

 

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Case number

 SC 52/2017

Case Name

T v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

[2017] NZCA 166   CA71/2017

Result Judgment released.
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial.  Publication in law report or law digest permitted.                                                   

19 May 2017
High Court judgment (not available publically)
Judgment appealed from (not available publically)

 

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Case number

 SC 53/2017

Case Name

Earl Raymond Hagaman v Andrew James Little

Summary

Civil Appeal – Whether the High Court erred in holding that the respondent was entitled to claim the defence of qualified privilege in relation to allegedly defamatory statements made by him about the applicant – Whether exceptional circumstances exist warranting a direct appeal to the Supreme Court.  

Judgment appealed from -HC judgment HAGAMAN AND HAGAMAN v LITTLE [2017] NZHC 813  28 April 2017

 

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Case number

 SC 54/2017

Case Name

V v The Queen

Summary

Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.

Judgment appealed from -HC judgment

 

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Case number

 SC 55/2017

Case Name

Chatfield & Co Limited v Commissioner of Inland Revenue

Summary

Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in finding that the Commissioner of Inland Revenue has not created a legitimate expectation by publishing operational statements.

 

High Court judgment CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZHC 2289 [27 September 2016]
Judgment appealed from CHATFIELD & CO LIMITED V COMMISSIONER OF INLAND REVENUE [2017] NZCA 148 [1 May 2017]

 

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Case number

 SC 56/2017

Case Name

Torchlight Fund No 1 LP (in receivership) and NZ Credit Fund (GP) 1 Limited v Wilaci Pty Limited

Summary

Civil Appeal – Whether the Court of Appeal erred in holding that a late payment fee was not an unlawful penalty.

 

High Court judgment TORCHLIGHT FUND NO.1 LP (IN RECEIVERSHIP) v JOHNSTONE & ORS [2015] NZHC 2559 [19 October 2015]
Judgment appealed from WILACI PTY LIMITED v TORCHLIGHT FUND NO 1 LP (IN RECEIVERSHIP) [2017] NZCA 152 [2 May 2017]

 

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Case number

 SC 57/2017

Case Name

Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia

Summary

 

 

High Court judgment RADHI v THE DISTRICT COURT AT MANUKAU & ANOR [2015] NZHC 3347 [21 December 2015]
Judgment appealed from

 

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Case number

SC 58/2017

Case Name

B v The Queen

Summary

 

[2017] NZCA 211   CA563/2016

High Court judgment (not publically available)
Judgment appealed from (not publically available)

 

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Case number

SC 59/2017

Case Name

Dennis Rangiaho Hohua v The Queen

Summary

 

 

District Court judgment

not publically available

Judgment appealed from HOHUA v R [2017] NZCA 89 [28 March 2017]

 

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Case number

SC 60/2017

Case Name

Viliami One Fungavaka v The Queen

Summary

 

 

High Court judgment

R v Fungavaka [2015] NZHC 2761 [6 November 2015]

Judgment appealed from FUNGAVAKA v R [2017] NZCA 195 [22 May 2017]

 

 

Case number

SC 61/2017

Case Name

Rudi Hartono and Others v Ministry for Primary Industries and Asjo Oyang Corporation

Summary

 

 

High Court judgment

Hartono v The Ministry for Primary Industries [2015] NZHC 3307

not publically available

Judgment appealed from SAJO OYANG CORP v MINISTRY FOR PRIMARY INDUSTRIES [2017] NZCA 182 [15 May 2017]

 

 

 

Upcoming hearings

SC 10/2017

SC 37/2017

SC 26/2017 and SC 30/2017