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Upcoming cases - Supreme Court

As at 16 August 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.

Fixture list for August 2017 (PDF, 331 KB)

Fixture list for September 2017 (PDF, 205 KB)

       

 

August 2017

 

Date of hearing 10 August 2017
Case SC 37/2017
Southland Indoor Leisure Centre Charitable Trust
M G Ring QC and C J Jamieson
v
Invercargill City Council
D J Heaney QC and K B Dillon

Civil Appeal
Judges

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

Case 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.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J

Supreme Court leave application decision

SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2017] NZSC 81 [30 May 2017]

Court of Appeal decision

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

High Court decision

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

 

 

Date of hearing 17 August 2017
Case SC 57/2017
Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia
Judges

William Young, O'Regan and Ellen France JJ

Case 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.

High Court judgment

RADHI v THE DISTRICT COURT AT MANUKAU & ANOR [2015] NZHC 3347 [21 December 2015]

Judgment appealed from RADHI v DISTRICT COURT AT MANUKAU [2017] NZCA 157 [3 May 2017]

 

 

Date of hearing 22 August 2017
Case SC 54/2017
V (Name Suppression – Pre-trial)
S J Gray and S P H Elliot
v
The Queen
R K Thomson

Criminal Pre-Trial Appeal
Judges

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

Case Summary

Order prohibiting the 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 the final disposition of retrial.  Publication in a law report or law digest is permitted.

Grounds on which leave was granted

Order prohibiting the 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 the final disposition of retrial.  Publication in a law report or law digest is permitted

Supreme Court leave application decision

(not publicly available)

Court of Appeal decision

(not publicly available)

District Court decision

(not publicly available)

 

Date of hearing 24 and 25 August 2017
Case SC 26/2017
Wellington International Airport Ltd
D J Goddard QC and V L Heine
v
NZ Air Line Pilots’ Association Industrial Union of Workers Inc
H B Rennie QC and E M Geddis

Director of Civil Aviation
F M R Cooke QC and M S Smith

SC 30/2017
Director of Civil Aviation
F M R Cooke QC and M S Smith

v
NZ Air Line Pilots’ Association Industrial Union of Workers Inc
H B Rennie QC and E M Geddis

Wellington International Airport Ltd
D J Goddard QC and V L Heine
Civil Appeals
Judges

Elias CJ, William Young, Glazebrook, Ellen France, Arnold JJ

Case 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.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.

Supreme Court leave application decision

WELLINGTON INTERNATIONAL AIRPORT LTD v NEW ZEALAND AIR LINE PILOTS’ ASSOCIATION INDUSTRIAL UNION OF WORKERS INC [2017] NZSC 70 [16 May 2017]

Court of Appeal decision

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

High Court decision

NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 [6 July 2016]

 

September 2017

Date of hearing 5, 6 and 7 September 2017
Case

SC 135/2016

Eric Meserve Houghton
C R Caruthers QC and P A B Mills

v

Timothy Saunders, Samuel Magill, John Feeney, Craig Horocks, Peter Hunter, Peter Thomas and Joan Withers and
A R Galbraith QC, D J Cooper and S V A East for all except Mr Magill T C Weston QC for Mr Magill

Credit Suisse Private Equity Inc and
B M Smith QC, A S Olney and C J Curran Credit Suisse First Boston

Asian Merchant Partners LP and
J B M Smith QC, A S Olney and C J Curran

First New Zealand Capital and
D H McLellan QC and J S Cooper

Forsyth Barr Limited
A C Challis and D P Turnbull

Civil Appeal 

Judges

Elias CJ, Glazebrook J, O’Regan J, Arnold J, Kós J

Case Summary

Civil Appeal – Securities Act 1978 – Whether the Court of Appeal erred in its interpretation and application of the Securities Act 1978, ss 2, 55 and 56 – Whether the Court of Appeal findings preclude Fair Trading Act 1986 claims.

Grounds on which leave was granted

The approved question is worded to allow the applicant to pursue the points raised in his application for leave. We note the respondents’ expressions of intention to support the Court of Appeal judgment on other grounds.

Supreme Court leave application decision

HOUGHTON V SAUNDERS & ORS [2017] NZSC 55

Court of Appeal decision

HOUGHTON v SAUNDERS AND ORS [2016] NZCA 493 [12 October 2016]

High Court decision

HOUGHTON v SAUNDERS [2014] NZHC 2229 [15 September 2014]

 

 

 

 

October 2017

Date of hearing 3 October 2017
Case SC 136/2016
Glenn Roderick Holland v The Chief Executive of the Department of Corrections
Judges

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

 

 

Date of hearing 5 October 2017
Case SC 23/2017

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

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