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Case information 2017

 

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Listed below are the substantive Supreme Court cases for 2017 along with appeals still to be determined or cases awaiting hearing. 

Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.

All 2017 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here

Transcripts for cases heard before the Supreme Court are included provided they are not suppressed.  Transcripts from pre-trial hearings are not published until the final disposition of trial.  These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.

Updated 13 November 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

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the causes of action brought by the respondents in tort were not time barred.

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

___________________________

A The appeal is dismissed.
B The appellants are to pay costs of $25,000 to the respondents and reasonable disbursements.
6 October 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

Substantive judgment / Media release

CRAIG DUTHIE AND KIRSTEN TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 152 [6 October 2017]

 

 

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 

 

 

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

______________________

A The appeal is dismissed.
B There is no order as to costs.
1 August  2017             

Transcript

Hearing date : 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  13 April 2017
Substantive judgment / Media release MARK DAVID CHISNALL v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 114   1 August 2017

 

 

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

 suppression

 

 

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.

Result

A The application for leave to appeal is granted in part (Osborne v Worksafe New Zealand [2017] NZCA 11).
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017

Hearing date

5 October 2017                                                                      
Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

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 - leave granted

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

Transcript

Hearing date : 24 and 25 August 2017
Elias CJ, William Young, Glazebrook, Ellen France and Arnold JJ
Decision reserved

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

 

 

Case Number

SC 28/2017

Case Name

K v T

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.

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 June 2017
HC judgment K v T [2016] NZHC 251 [24 February 2016]
Judgment appealed from

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

Leave judgment

suppression

 

 

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 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
Transcript Hearing date : 24 and 25 August 2017
Elias CJ, William Young, Glazebrook, Ellen France and Arnold JJ
Decision reserved
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

 

 

Case Number

SC 35/2017

Case Name

David Stanley Tranter 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] not available __

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

Transcript

Hearing date : 10 August 2017                                                                                                      

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

Decision reserved

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

 

 

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

Lower court judgment R v [S] DC Auckland CRI-2008-090-3508, 18 May 2010, not publicly available
Judgment appealed from [2017] NZCA 55 not publicly available

 

 

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]

 

 

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 publicly available


 

 

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 publicly available

 

 

Case number

SC 46/2017

Case Name

S 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 the appeal in the Court of Appeal.  Publication in law report or law digest permitted.

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 the appeal in the Court of Appeal.  Publication in law report or law digest permitted.
7 July 2017

Judgment appealed from not publicly available

 

 

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 publicly)

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

 

 

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 publicly)
Judgment appealed from (not available publicly)

 

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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

 

 

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.

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.                                                             

7 July 2017

______________________

Substantive decision :                                                                                                                                                                                                   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.                                                             
21 September 2017

Hearing date

Hearing date : 22 August 2017                                                                    
Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

 
 

 

Case number

SC 57/2017

Case Name

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

Summary

Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence. 

Result

A Leave to appeal is granted (Radhi v District Court at Manukau [2017] NZCA 157).
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017

Transcription

Hearing date 11 October 2017

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

 

 

Case number

SC 58/2017

Case Name

B 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 211   CA563/2016

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.
3 July 2017

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

 

hearing SC 61/2017 14 November 2017:

 

Case number

SC 61/2017

Case Name

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

Summary

Civil Appeal – Fisheries Act 1996, s 256 – Whether the Court of Appeal erred in its interpretation and application of the Fisheries Act to the claim for unpaid wages against a forfeited vessel.

Result

Leave to appeal is granted (Sajo Oyang Corp v Ministry for Primary Industries [2017] NZCA 182).
The approved question is whether the applicants have an interest in the Oyang 75 for the purposes of s 256 of the Fisheries Act 1996.                                                                                

9 August 2017

High Court judgment

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

Judgment appealed from SAJO OYANG CORP v MINISTRY FOR PRIMARY INDUSTRIES [2017] NZCA 182 [15 May 2017]
Leave judgment - leave granted RUDI HARTONO AND OTHERS v MINISTRY FOR PRIMARY INDUSTRIES [2017] NZSC 117    9 August 2017
Civil appeal hearing 14 November 2017

   

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Case number

SC 65/2017

Case Name

The Attorney-General v Arthur William Taylor and Hinemani Ngaronoa, Sandra Wilde, Kirsty Olivia Fensom and Claire Thrupp

Summary

Civil Appeal – Whether the Senior Courts have jurisdiction to make declarations that Acts of Parliament are inconsistent with the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s declaration that s 80(1)(d) of the Electoral Act 1993 is inconsistent with the right to vote affirmed and guaranteed in s 12(a) of the New Zealand Bill of Rights Act 1990 and cannot be justified under s 5 of that Act – (cross-appeal) Whether the Court of Appeal erred in holding that Mr Taylor did not have standing to seek a declaration of inconsistency.

Result

A The applications for leave to appeal by the Attorney General and Mr Taylor are granted.
B The approved questions are whether:
(i) The Court of Appeal was correct to make a declaration of  inconsistency; and
(ii) Mr Taylor has standing.                                                                                

30 August 2017 

High Court judgment TAYLOR v ATTORNEY-GENERAL OF NEW ZEALAND [2015] NZHC 1706   24 July 2015
Judgment appealed from THE ATTORNEY-GENERAL v TAYLOR & ORS [2017] NZCA 215   26 May 2017
Leave judgment - leave granted ATTORNEY-GENERAL v ARTHUR WILLIAM TAYLOR [2017] NZSC 131 [30 August 2017]
Civil appeal hearing 21 and 22 November 2017

 

 

Case number

SC 70/2017 

Case Name

L 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.               

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.

High Court judgment
Judgment appealed from (not available publicly)

 

 

Case number

SC 74/2017 

Case Name

W 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.  

Result

not publicly available 

High Court judgment

not publicly available

Judgment appealed from W (CA378/2016) v R [2017] NZCA 235    6 June 2017

 

 

Case number

SC 78/2017 

Case Name Richard Frederick Eilenberg v Linda Alejandra Garcia Lourdes-Gutierrez
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding a High Court decision to enforce a foreign judgment for child and spousal maintenance

Result

A The application for leave to appeal (Eilenberg v Lourdes Gutierrez [2017] NZCA 270) is granted in part.
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017 

High Court judgment EMAJOR v EMAJOR [2016] NZHC 2022 [16 August 2016]
Judgment appealed from Eilenberg v Lourdes Gutierrez [2017] NZCA 270
Leave judgment - leave (partly) granted RICHARD FREDERICK EILENBERG v LINDA ALEJANDRA GARCIA LOURDES GUTIERREZ [2017] NZSC 144 [26 September 2017]
Hearing date civil appeal 15 February 2017

 

 

Case number

SC 79/2017 

Case Name Z v the Queen
Summary

Criminal Appeal – New Zealand Bill of Rights Act 1990, s 26(1) – Whether errors in the charging document relating to the applicant meant that he was convicted of conduct that did not constitute an offence at the time it occurred

Result

 

District Court judgment not publicly available
Judgment appealed from M (CA522/2016) v R [2017] NZCA 274 [29 June 2017]

 

hearing 10 November

Case number

SC 83/2017

Case Name ESR Group (NZ) Limited v Ian James Burden, Plantation Grown Timbers (International) Limited and Plantation Grown Timbers (Vietnam) Limited
Summary

Civil Appeal – Copyright Act 1994, ss 35, 120 and 232 – Whether the Court of Appeal erred in holding that the second and third respondents were entitled to enforce copyright in New Zealand – Whether the Court of Appeal erred in holding that the applicant infringed copyright by importation.

Result

 

High Court judgment BURDEN & ORS v ESR GROUP & ORS [2016] NZHC 1542  7 July 2016
Judgment appealed from ESR GROUP (NZ) LIMITED v BURDEN [2017] NZCA 217  26 May 2017
Civil leave application hearing 10 November 2017

 

 

Case number

SC 85/2017

Case Name E 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. 

31 August 2017

Result

not publicly available 

High Court judgment not publicly available
Judgment appealed from not publicly available

 

 

Case number

SC 86/2017

Case Name Graham Thomas Rowe v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

A The application for leave to appeal is granted (Rowe v R [2017] NZCA 316).
B The approved question is whether Mr Rowe should have been convicted.
12 October 2017 

District Court judgment R v ROWE [2016] NZDC 3358 [26 January 2017]
Judgment appealed from ROWE v R [2017] NZCA 316 [25 July 2017]
Leave judgment - leave granted GRAHAM THOMAS ROWE v R [2017] NZSC 157 [12 October 2017]
 
Criminal appeal hearing date 20 February 2018

 

 

Case number

SC 89/2017 

Case Name Sione (John) Uaine Moala v The Queen
Summary

Criminal Appeal – Whether the claimed failure of trial counsel and counsel in the Court of Appeal to pursue certain arguments amounts to a miscarriage of justice.

Result

 

District Court judgment not publicly available
Judgment appealed from MOALA V R [2017] NZCA 212 [25 May 2017]

 

 

Case number

SC 91/2017

Case Name Chesterfields Preschools Limited (In Liq)  and Therese Anne Sisson v The Commissioner of Inland Revenue
Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s decision putting Chesterfields Preschools Ltd into liquidation.              

Result

 

High Court judgment THE COMMISSIONER OF INLAND REVENUE v CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQ) [2015] NZHC 2667 [29 October 2015]
Judgment appealed from SISSON v THE COMMISSIONER OF INLAND REVENUE [2017] NZCA 326 [28 July 2017]

  

 

Case number

SC 94/2017 

Case Name Christopher Duncan Baker and Kathryn Ann Baker v Wallace Douglas Hodder, Ann Adele Hodder and Kadd Farm Limited
Summary

 Whether the Court of Appeal erred in finding that the appeal was moot and that separate leave to appeal the High Court cost awards was required.

Result

 

High Court judgment HODDER v BAKER [2016] NZHC 2384 [6 October 2016]
Judgment appealed from BAKER v HODDER [2017] NZCA 355 [3 August 2017]

 

 

Case number

SC 96/2017 

Case Name Pravin Kumar v The Queen
Summary

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

Result

 

High Court judgment
Judgment appealed from KUMAR v R [2015] NZCA 460 [25 September 2015]
High Court Judgment  R V KUMAR HC AK CRI-2011-092-011460   6 September 2012

 

 

Case number

SC 97/2017 

Case Name Tyson-Tainui Rukuwai Te Tomo v The Queen
Summary

 

Result

 

High Court judgment

R v  Te Tomo [2015] NZHC 2671 (30 October 2015)

Judgment appealed from Te Tomo v R [2017] NZCA 338 (8 August 2017)

 

 

Case number

SC 98/2017 

Case Name Stuart Walton Herron v Wayne Andrew Wallace and Belmont Lifestyle Village Limited
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the respondent was entitled to a reduction in debt in respect of the sale and purchase  

Result

 

High Court judgment Herron v Wallace [2016] NZHC 1129 [27 May 2016]
Judgment appealed from WALLACE & ANOR v HERRON [2017] NZCA 346 [14 August 2017]

 

 

Case number

SC 99/2017 

Case Name K 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. 

Result

 

Judgment appealed from (not available publicly)

 

 

Case number

SC 100/2017 

Case Name Lawrence Reginald Jury v The Chief Executive of the New Zealand Customs Service
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that in an appeal under s 267 of the Customs and Excise Tax Act 1996 the burden of proof is on the appellant – Whether the Court of Appeal erred in finding that the High Court Judge had made a relevant or material error as to the test of intention under s 225(1)(o) of the Act – Whether the Court of Appeal exceeded its jurisdiction under s 273 of the Act.   

Result

 

High Court judgment

JURY v THE CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE [2016] NZHC 2868 [2 December 2016]

Judgment appealed from THE CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE v JURY [2017] NZCA 356 [18 August 2017]

 

 

Case number

SC 101/2017

Case Name C v The Queen
Summary

 

Result

 

District Court judgment

not publicly available

Judgment appealed from C (CA100/2016) v R [2017] NZCA 58 [15 March 2017]

 

 

Case number

SC 102/2017 

Case Name Hinemanu Ngaronoa, Sandra Wilde and Arthury William Taylor v The Attorney-General of New Zealand, The Chief Executive of the Department of Corrections and The Electoral Commission
Summary

Civil Appeal – Electoral Act 1993 – Whether the Court of Appeal erred in finding that s 268(1)(e) entrenches only that part of s 74 which relates to the age for registration as an elector – Whether the Court of Appeal erred in finding that s 80(1)(d) is not directly or indirectly discriminatory and does not involve a breach of the New Zealand Bill of Rights Act 1990. 

Result

 

High Court judgment

TAYLOR v ATTORNEY-GENERAL OF NEW ZEALAND [2015] NZHC 1706 [24 July 2015]

Judgment appealed from NGARONOA v THE ATTORNEY-GENERAL OF NEW ZEALAND [2017] NZCA 351 [17 August 2017]

 

 

Case number

SC 103/2017 

Case Name Trends Publishing International Limited v Advicewise People Limited, Callaghan Innovation, Mediaworks Radio Limited, and Webstar a division of Blue Star Group (New Zealand) Limited
Summary

Civil Appeal – Companies Act 1993, pt 14 – Whether the Court of Appeal erred in its approach to determining “classes of creditors” – Whether the Court of Appeal erred in its approach to the evidence – Whether the Court of Appeal erred in finding that the applicants had not disclosed adequate information to the creditors. 

Result

A Leave to appeal is granted (Trends Publishing International Ltd v Advicewise People Ltd [2017] NZCA 365).
B The approved question is whether the order setting aside the proposal to creditors put forward by the directors of the applicant under pt 14 of the Companies Act 1993 should have been set aside.                                              
7 November 2017

High Court judgment

ADVICEWISE PEOPLE LTD AND ORS v TRENDS PUBLISHING INTERNATIONAL LTD [2016] NZHC 2119 [7 September 2016]

Judgment appealed from TRENDS PUBLISHING INTERNATIONAL LIMITED v ADVICEWISE PEOPLE LIMITED [2017] NZCA 365 [24 August 2017]
Leave judgment - leave granted TRENDS PUBLISHING INTERNATIONAL LIMITED v ADVICEWISE PEOPLE LIMITED [2017] NZSC 167 [7 November 2017]

 

 

Case number

SC 104/2017 

Case Name Studorp Limited & James Hardie New Zealand v Tracey Jane Cridge, Mark Anthony Unwin, Katrina McKellar Fowler, Scott Woodhead & Body Corp 316651
Summary

 

Result

 

High Court judgment

T J CRIDGE AND M A UNWIN v STUDORP LIMITED [2015] NZHC 3065 [4 December 2015]

High Court judgment CRIDGE v STUDORP LIMITED [2016] NZHC 2451 [14 October 2016]
Judgment appealed from Tracey Jane Cridge, Mark Anthony Unwin, Katrina McKellor Fowler and Scott Woodhead v  Studrop Limited [2017] NZCA 376  30 August 2017

 

 

Case number

SC 105/2017

Case Name Gary Owen Burgess v Malley & Co
Summary

 

Result

 

High Court judgment MALLEY & CO v BURGESS [2016] NZHC 907 [5 May 2016]
Judgment appealed from BURGESS v MALLEY & CO [2017] NZCA 401 [13 September 2017]

 

 

Case number

SC 106/2017

Case Name B v The Queen
Summary

 

Result

 

High Court judgment

Not publicly available

Judgment appealed from Not publicly available

 

 

Case number

SC 107/2017 

Case Name Da (David) Jiang Fan v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the City of Auckland Operative District Plan 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. 

Result

 

Judgment appealed from FAN v R [2017] NZCA 41 [3 March 2017]

 

 

Case number

SC 108/2017 

Case Name Anthony Harry De Vries v Bartercard Exchange Limited
Summary

 

Result

 

Judgment appealed from DE VRIES v BARTERCARD EXCHANGE LIMITED [2016] NZHC 3204 [30 November 2016]

 

 

Case number

SC 109/2017 

Case Name George Charlie Baker v The Queen
Summary

 

Result

 

High Court judgment

R v Baker HC Auckland CRI 2008-044-9492 [2010] NZHC 2128 (5 November 2010) 

Judgment appealed from BAKER v R [2017] NZCA 404 [15 September 2017]

 

 

Case number

SC 110/2017 

Case Name Graeme Andrew Joblin v The Queen
Summary

 

Result

 

Judgment appealed from JOBLIN V R [2016] NZCA 287 [27 June 2016]

 

 

Case number

SC 111/2017 

Case name Ngāti Wāhiao v Ngāti Hurungaterangi and Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue
Summary

 

Result

 

High Court judgment

NGĀTI HURUNGATERANGI & ORS v NGĀTI WAHIAO [2016] NZHC 3156 [20 December 2016]

Judgment appealed from NGĀTI HURUNGATERANGI V NGĀTI WAHIAO [2017] NZCA 429 [26 September 2017]

 

 

Case number

SC 112/2017 

Case Name Iain McLennan and Boris Van Delden as Liquidators for Neil Timber Limited  (In Liquidation) v Boris Livaja, Iwona Grazyna Kotowska-Livaja and Orion Trustee No.1 Limited
Summary

 

Result

 

High Court judgment

MCLENNAN & ANOR as liquidators of Neil Timber Limited (in Liquidation) v LIVAJA & ORS [2016] NZHC 889 [5 May 2016]

Judgment appealed from MCLENNAN AND VAN DELDEN AS LIQUIDATORS OF NEIL TIMBER LIMITED (IN LIQUIDATION) V LIVAJA [2017] NZCA 446 [11 October 2017]

 

 

Case number

SC 113/2017 

Case Name Rapata (Robert) LEEF as representative of Ngati Taka v Colin BIDOIS as representative of Pirirakau, AND Jason AKE, Te Pio KAWE, Lance WAAKA, Robert URWIN, Kimiora RAWIRI, Philip HIKAIRO, Stephanie TAIAPA and Mikere WAIRUA as Trustees of Nga Hapu O Ngati Ranginui Settlement Trust  AND Kimiora RAWIRI, Te Pio KAWE, Te Ruruanga Te KEETI (Lou Gates) Piripi WINIATA, Lance WAAKA and George Matua EVANS as representatives of the other hapu of Ngati Ranginui  
Summary

 

Result

 

High Court judgment LEEF v BIDOIS AND ORS [2017] NZHC 36 [25 January 2017]
Court of Appeal COLIN BIDOIS AS REPRESENTATIVE OF PIRIRAKAU V RAPATA (ROBERT) LEEF AS REPRESENTATIVE OF NGATI TAKA [2017] NZCA 437 [5 October 2017]
Judgment appealed from

 

 

Case number

SC 114/2017 

Case Name Benjamin Vainu V The Queen
Summary

 

Result

 

District Court judgment not available
Judgment appealed from VAINU V R CA761/2013 [2014] NZCA 375 [6 August 2014]

 

 

Case number

SC 115/2017 

Case Name K v The Queen
Summary

 

Result

 

High Court judgment not publicly available
Judgment appealed from not publicly available

 

 

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