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Upcoming cases - Supreme Court

As at 22 May 2017

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below. Note information is added as it becomes available.

no monthly list for May 2017 - there are no SC fixtures for May

Fixture list for June 2017 (PDF,  311KB)

 

June 2017  

July 2017        

August 2017

September 2017

 June 2017

Date of hearing 13 June 2017
Case

SC 145/2016

David Brown and Glen Sycamore
G M Pollak and H I K White
v
New Zealand Basing Limited
A H Waalkens QC and M G Lawlor

Human Rights Commission (intervener)
A S Butler and M McMenamin


Civil Appeal

Judges

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

Case Summary

Civil appeal – Employment Relations Act 2000 – Whether the Court of Appeal was correct to conclude that by selecting a different legal jurisdiction to govern their relationship, the parties could contract out of the right in the Employment Relations Act to be free from dismissal and discrimination based on age.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to conclude that age discrimination provisions of the Employment Relations Act 2000 do not apply to the employment agreements between the applicants and the respondent.

SC leave application decision

DAVID BROWN v NEW ZEALAND BASING LIMITED [2017] NZSC 12 [17 February 2017]

Court of Appeal decision

NEW ZEALAND BASING LIMITED V DAVID BROWN AND GLEN SYCAMORE [2016] NZCA 525 [4 November 2016]

Employment Court decision

ROWN AND SYCAMORE v NEW ZEALAND BASING LIMITED [2014] NZEpmC 229 [15 December 2014]

 

 

Date of hearing 15 and 16 June 2017
Case

SC 138/2016

Mark Albert Horsfall
T G Stapleton QC
v
Diana Jane Potter
J R Billington QC and T F Cleary

168 Group Limited
R J B Fowler QC

Attorney-General (intervener)
M Deligiannis

Civil Appeal

Judges

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

Case Summary

Civil Appeal – s 44 Property (Relationships) Act 1976 - Whether the Court of Appeal erred in its application of s 44.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was right to find that the disposition of the proceeds of the College Street property was made by the applicant to defeat the claim or rights of the first respondent for the purposes of s 44 of the Property (Relationships) Act 1976.

Supreme Court leave application decision

MARK ALBERT HORSFALL v DIANA JANE POTTER [2017] NZSC 21 [2 March 2017]

Court of Appeal decision POTTER v HORSFALL [2016] NZCA 514 [25 October 2016]
High Court decision M A H v 168 GROUP LTD [2014] NZHC 1520 [2 July 2014]

 

 

Date of hearing 20 and 21 June 2017
Case

SC 131/2016

AFFCO New Zealand Limited
P R Jagose

v
New Zealand Meat Workers and Related Trades Union Incorporated
P Cranney

Robert Kerewai Ratu and Others
P Cranney

The Meat Industry Association of New Zealand Inc (intervener)
J E Hodder QC

Civil Appeal

Judges

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

Case Summary

Civil Appeal – Employment Relations Act 2000 – Whether Court of Appeal erred in finding concession by counsel – Whether Court of Appeal erred in finding applicant’s conduct defeated existing rights of employees – Whether Court of Appeal erred in its interpretation of s 82 of the Employment Relations Act.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to find that a breach of s 82 of the Employment Relations Act 2000 had occurred when the applicant required seasonal workers to enter into new individual employment agreements before commencing work for the 2015/2016 season.

Supreme Court leave application decision

AFFCO NEW ZEALAND LIMITED v NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2017] NZSC 30 [9 March 2017]

Court of Appeal decision

AFFCO NEW ZEALAND LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADES UNION INCORPORATED AND ORS [2016] NZCA 482 [6 October 2016]

Employment Court decision

NZ MEAT WORKERS & RELATED TRADES UNION INC v AFFCO NZ LTD [2015] NZEmpC 204 [18 November 2015]

 

 

Date of hearing 22 June 2017
Case

SC 13/2017

Mark David Chisnall
A J Ellis and G K Edgeler

v
The Chief Executive of the Department of Corrections
D J Perkins and G M Taylor

Civil Appeal

Judges

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

Case 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.

Grounds on which leave was granted The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
Supreme Court leave application decision CHISNALL v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 50 [13 April 2017]
Court of Appeal decision CHISNALL v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 620 [19 December 2016]
High Court decision CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS v CHISNALL [2016] NZHC 796 [26 April 2016]

 

July 2017

Date of hearing 27 and 28 July 2017
Case

SC 150/2016

Fonterra Co-operative Group Limited v McIntyre and Williamson Partnership and Others

Judges

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

 

August 2017

Date of hearing 8 August 2017
Case

SC 10/2017

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

Judges

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

 

 

Date of hearing 24 and 25 August 2017
Case SC 26/2017

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

SC 30/2017

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

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

 

September 2017

Date of hearing 5, 6 and 7 September 2017
Case SC 135/2016

Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Merchant Partners LP, and First New Zealand Capital, and Forsyth Barr Limited
Judges

TBC