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Case Summaries 2016

Updated 6 May 2016


Supreme Court case summaries are published on this page as they become available:


Case Number

SC 1/2016  

Case Name

Kerryn Mitchell v The Queen

Summary

Criminal appeal – Bail – Whether the Court of Appeal erred in dismissing the application for bail before the applicant had submitted further written submissions to that Court.

[2015] NZCA 634   CA 675/2015

Dates Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
24 February 2016
Hearing



Case Number

SC 2/2016  

Case Name

Peter Gerard Stockman v NZ Asscoiation of Counsellors Incorporated

Summary

Civil Appeal – Whether the Court of Appeal should have recalled its judgment ordering standard rather than indemnity costs – Whether judgments must directly refer to all submissions made by parties.

 

[2015] NZCA 542   CA 669/2013

Dates

The application for leave to appeal is dismissed.

There is no order for costs.

 

29 February 2016

A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.

B There is no order for costs.

7 April 2016

Hearing



Case Number

SC 3/2016  

Case Name

William Yan and Wei You v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.

[2015] NZCA 576  CA 683/2014

Dates

Application for leave to appeal dismissed.

26  April 2016
Hearing



Case Number

SC 4/2016  

Case Name

Zhihong Xu v Lijing Zeng v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.

[2015] NZCA 576  CA 684/2014

Dates

Application for leave to appeal dismissed.

26  April 2016
Hearing



Case Number

SC 5/2016  

Case Name

Kulbir Singh and Navjot Kaur v Chief Executive, Ministry of Busines, Innovation and Employment

Summary

Civil Appeal – Immigration Act, s 177 – Whether Court of Appeal interpreted s 177 Immigration Act correctly ­– Whether Court of Appeal applied the correct standard for unreasonableness to a deportation decision.

[2015] NZCA 592  CA 484/2014

Dates

Application for leave to appeal dismissed.

19  April 2016
Hearing

 

 

Case Number

SC 6/2016

Case Name

Garry Albert Muir and Peter Arnold Maude v Commissioner of Inland Revenue 

Summary Civil Appeal – Whether the applicants’ claims for tax deductions under sub-pt EH of the Income Tax Act 1994 are arguable ­– Whether the Court of Appeal erred in awarding indemnity costs.                                                                          

[2015] NZCA 591   CA276/2016
Dates
Hearing



Case Number

SC 7/2016

Case Name

Douglas John  Williamson v The Queen

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

 [2015] NZCA 621  CA 398/2014 

Dates Application for leave to appeal dismissed.

26  April 2016
Hearing



Case Number

SC 8/2016

Case Name

John Blackwood Williamson v The Queen 

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

[2015] NZCA 621  CA 399/2014

Dates

Application for leave to appeal dismissed.

26  April 2016
Hearing



Case Number

SC 9/2016

Case Name

W v The Queen 

Summary

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

[2011] NZCA 135  CA 591/2010

Dates

A   An extension of time is granted.                                         
B  The application for leave to appeal is dismissed.  

2 May 2016

Hearing

 

 

Case Number

SC 10/2016

Case Name

Edward Thomas Booth v The Queen 

Summary

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

 

[2015] NZCA 603  CA 101/2015

Dates

A  The application for leave to appeal is granted (Booth v R [2015]    NZCA 603).


B  The approved question is whether the sentencing Judge was correct to structure the appellant’s sentence in the way that he did, particularly as that sentence structure means that the time that the appellant spent on remand does not count towards his total period of imprisonment served or for parole eligibility purposes.

27 April 2016

Hearing

5 July 2016


Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ

 

 

Case Number

SC 11/2016

Case Name

Karl Leslie Raymond Marwood v The Commissioner of Police and others 

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in concluding that the High Court has no power to exclude improperly obtained evidence in a proceeding under the Criminal Proceeds (Recovery) Act 2009 – Whether the Court of Appeal erred in finding that the High Court Judge was wrong to exclude evidence.

 [2015] NZCA 608   CA 487/2014

Dates

A Leave to appeal is granted (Commissioner of Police v Marwood [2015] NZCA 608).


B The approved question is:
Did the Court of Appeal err in holding that the High Court had no jurisdiction (or power) to exclude the challenged evidence obtained by search of the applicant’s premises and, if so, should the challenged evidence be excluded in this proceeding?

11 April 2016

Hearing

16 June 2016

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ.

 

 

Case Number

SC 12/2016

Case Name

GJA  v The Queen 

Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in excluding evidence on the basis that it was improperly obtained.

[2015] NZCA 628  CA 116/2015 

Dates

A Leave to appeal is granted (R v A [2015] NZCA 628).

B    The issues are:
(i)    whether the electricity consumption records were improperly obtained from the service provider;
(ii)    whether the Court of Appeal was correct to hold that evidence that had earlier been excluded as improperly obtained could not be relied on; and
(iii)    whether, even if improperly obtained, the evidence should be admitted under s 30(2)(b) of the Evidence Act 2006.

 

15 March 2016

Hearing

16 June 2016.

Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ

 

 

Case Number

SC 13/2016

Case Name

Robert Erwood v The Official Assignee

Summary

Civil appeal – Whether the Court of Appeal overlooked material points and therefore erred in dismissing the application for extension of time and awarding costs against the applicant.

[2015] NZCA 620  CA 168/2015

Dates
Hearing

 

 

Case Number

SC 14/2016

Case Name

Auckland Council v Wendco (NZ) Limited and Wiri Licensing Trust

Summary

Civil Appeal – Resource Management Act 1991, s 95E – Whether the Court of Appeal interpreted the phrase “related to” in s 95E too broadly – Whether the first respondent is an affected person in terms of the second respondent’s application for resource consent.

 [2015] NZCA 617  CA 379/2014

Dates
Hearing

 

 

Case Number

SC 15/2016

Case Name

Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council

Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of ss 117–120 of the Local Government Act 2002 – Whether the Court of Appeal erred in its interpretation of the scope of the Kaipara District Council (Validation of Rates and Other Matters) Act 2013 – Whether the Court of Appeal erred in awarding costs against the Association.

[2015] NZCA  612   CA 331/2014

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

3 May 2016
Hearing

 

 

Case Number

SC 16/2016

Case Name

Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of a decision of the Registrar of that Court to refuse to dispense with security for costs in relation to an appeal to that Court. 

[2016] NZCA 3  CA 388/2015

Dates
Hearing

 

 

Case Number

SC 17/2016

Case Name

Ivan Vladimir Joseph Erceg v Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Acorn Foundation Trust and Lynette Therese Erceg and Darryl Edward Gregory as Trustees of Independent Group Trust

Summary

Civil Appeal – Whether the Court of Appeal applied the correct test for requests by beneficiaries for access to trust documents – Whether the Court of Appeal applied the correct test for review of a trustee’s decision – Whether the Court of Appeal erred in upholding the High Court decision not to order disclosure of trust documents.  

[2016] NZCA 7   CA217/2015

Dates
Hearing

 

 

Case Number

SC 18/2016

Case Name

Malcolm Edward Rabson v Wayne Seymour Chapman

Summary

Civil Appeal – Whether the Court of Appeal erred in ordering costs against the applicant. 

[2016] NZCA 45  CA 855/2012

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

29 April 2016
Hearing

 

 

Case Number

SC 19/2016

Case Name

Graham D’Arcy-Smith v Natural Habitats Limited

Summary

Civil appeal – Whether the Employment Court erred in determining that the applicant was not an employee – Whether the Employment Court erred in not addressing a matter argued by the applicant.

[2015] NZEmpC 123  ARC 57/14

Dates The application for leave to appeal is dismissed.
The applicant must pay costs of $500 to the respondent.

28 April 2016
Hearing

 

 

Case Number

SC 20/2016

Case Name New Zealand Aluminium Smelters Limited v Weller & Ors
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. 

[2016] NZCA 19    CA 313/2014

Dates A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.

27 August 2016
Hearing

 

 

Case Number

SC 21/2016

Case Name John Morgan MacKenzie v The Attorney-General
Summary

Civil Appeal – Limitation Act 1950 – Whether the High Court erred in its interpretation of the Limitation Act 1950.   

[2015] NZHC 1876   CIV 2012-470-000977 

Dates
Hearing

 

 

Case Number

SC 22/2016

Case Name Isaac Paparoa v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a Minimum Period of Imprisonment.

[2015] NZCA 234  CA 389/2014

Dates
Hearing

 

 

Case Number

SC 23/2016

Case Name C v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48  CA 287/2015 CA 161/2015

Dates
Hearing

 

 

Case Number

SC 24/2016

Case Name AL v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48 CA 287/2015 CA 161/2015 

Dates
Hearing

 

 

Case Number

SC 25/2016

Case Name SL v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury 

 [2016] NZCA 48  CA 162/2015

Dates
Hearing

 

 

Case Number

SC 26/2016

Case Name KSC  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

 [2016] NZCA 48  CA 356/2015

Dates

Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

15 April 2016
Hearing

 

 

Case Number

SC 27/2016

Case Name JBG  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

 [2016] NZCA 48  CA 160/2015

Dates
Hearing

 

 

Case Number

SC 28/2016

Case Name JPC  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

[2016] NZCA 48  CA 145/2015 

Dates
Hearing

 

 

Case Number

SC 29/2016

Case Name Anthony Pratt Kaye and Morva Kaye v Norris Ward McKinnon
Summary

Civil Appeal – Whether Court of Appeal erred in finding that the respondents had not breached duty of care – Whether Court of Appeal erred in finding that the respondents had not caused the applicants any loss.                                               

[2016] NZCA 32    CA333/2015

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

29 April 2016
Hearing

 

 

Case Number

SC 30/2016

Case Name KHW  v The Queen
Summary

 

[2016] NZCA 33  CA 13/2015 

Dates
Hearing

 

 

Case Number

SC 31/2016

Case Name BM v The Queen
Summary

Criminal appeal – Crimes Act 1961, s 195 – Whether the Court of Appeal erred in concluding the sentence was not manifestly excessive.

[2016] NZCA 53  CA 599/2015 

Dates
Hearing

 

 

Case Number

SC 32/2016

Case Name Prattley Enterprises Limited v Vero Insurance New Zealand Limited
Summary

Civil Appeal – Whether the Court of Appeal incorrectly assessed the applicant’s entitlement under the insurance policy issued by the respondent – Whether the applicant is entitled to relief from the parties’ settlement agreement under s 6 of the Contractual Mistakes Act 1977.

[2016] NZCA 67  CA 400/2015

Dates
Hearing

 

 

Case Number

SC 33/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

 

[2016] NZCA 78   CA 740/2015 

Dates
Hearing

 

 

Case Number

SC 34/2016

Case Name Yong Xin Chen v The Cornwall Park Trust Board
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of a lease

[2016] NZCA 65  CA 645/2014

Dates
Hearing

 

 

Case Number

SC 35/2016

Case Name Michael Marino v The Chief Executive of the Department of Corrections
Summary

Civil Appeal – Application for habeus corpus – Whether the Court of Appeal erred in its interpretation of ss 91(1) and 90(2) of the Parole Act 2002.

[2016] NZCA 117   CA 129/2016

Dates
Hearing

 

 

Case Number

SC 36/2016

Case Name Martin James Mailley v District Court at North Shore and New Zealand Police
Summary

Civil Appeal - Whether the Court of Appeal erred in its interpretation of s 48(4) of the Extradition Act 1999.      

[2016] NZCA 83   CA716/2014

Dates
Hearing

 

 

Case Number

SC 37/2016

Case Name Francisc Catalin Deliu v Boon Gunn Hong
Summary

Civil appeal – Whether the Court of Appeal’s decision was inconsistent with its statement of the issue – Whether principles governing appeals against the exercise of discretion were applied incorrectly.

 

[2016] NZCA 75   CA 425/2015

Dates
Hearing

 

 

Case Number

SC 38/2016

Case Name Cecilia Victoria Uhrle v The Queen
Summary

 

[2015] NZCA 412   CA 265/2013 

Dates
Hearing

 

 

Case Number

SC 39/2016

Case Name Hamish McIntosh v John Howard Ross Fisk and David John Bridgman
Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of the “gave value” defence pursuant to Allied Concrete v Meltzer [2015] NZSC 7 and s 296(3)(c) – Whether the Court of Appeal erred in its application of the “alteration of position” defence in s 296(3)(c).          

[2016] NZCA 74   CA384/2015

Dates
Hearing

 

 

Case Number

SC 40/2016

Case Name Wayne James Bracken v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in concluding that the trial Judge’s directions were adequate – Whether the Court of Appeal erred in concluding that the trial was not unfair.  

[2016] NZCA 79   CA785/2012

Dates
Hearing

 

 

Case Number

SC 41/2016

Case Name Mrinal Sardana  v The Queen
Summary

Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding that the jury’s verdict was not unreasonable – Whether Court of Appeal erred in finding no risk that outcome of trial was affected by error – Whether Court of Appeal erred in finding that the sentence was not manifestly excessive.        

                                                   
[2016] NZCA 138   CA508/2015

Dates
Hearing

 

 

Case Number

SC 42/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

 

[2016] NZCA 149   CA 740/2015

Dates
Hearing

 

 

Case Number

SC 43/2016

Case Name Augustine Lau v UMH Group Limited
Summary

 

[2016] NZCA 132   CA692/2015

Dates
Hearing

 

 

Case Number

SC 44/2016

Case Name  Vincent Ross Siemer v The Attorney-General
Summary

 

[2016] NZCA 43   CA278/2014

Dates
Hearing

 

 

Case Number

SC 45/2016

Case Name Jesse Waiariki Tamanava Butler v North Shore Police
Summary

 

[2016] NZCA 150   CA657/2015

Dates
Hearing

 

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