Vincent Ross Siemer v Solicitor-General - SC 48/2009

Summary

Civil/Criminal Appeal – Offences – Contempt of Court – New Zealand Bill of Rights Act 1990 – Appeal against decision committing appellant to prison for contempt – Whether Court of Appeal erred in holding contempt proceedings civil in nature – Whether appellant wrongly denied opportunity to elect trial by jury.[2009] NZCA  62   CA 447/2008    9 March 2009

Result

Application for leave to appeal granted.
7 August 2009
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The appeal is allowed and the order made by the Court of Appeal is quashed.  It is replaced by an order committing the appellant to prison for a term of a maximum of three months, subject to the proviso that the term of imprisonment will come to an immediate end if the appellant complies with the injunction issued on 5 May 2005 and made permanent on 23 December 2008 by the High Court at Auckland in the proceeding Korda Mentha v Siemer HC Auckland CIV-2005-404-1808, 23 December 2008 and if he also provides an undertaking to the High Court in a form approved by the High Court that he and Paragon Oil Services Ltd will continue to comply with that injunction for so long as it remains in force.  Mr Siemer is ordered to surrender to his bail at the High Court in Auckland no later than 4pm on 20 May 2010 unless by then he has complied with the injunction and provided that undertaking to the High Court in a form approved by it.
17 May 2010
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Application for recall of judgment dismissed.
11 June 2010
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Further application for recall of judgment dismissed.
15 June 2010

Related Documents

Additional Information

Hearing date : recusal 26 February 2017

Hearing date : 2 March 2010

Elias CJ, Blanchard, McGrath, Wilson, Anderson JJ