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Upcoming cases - Supreme Court

As at 16 February 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.

 

February and March

pdfs for printing

 

March 2017

Date of hearing Tuesday 14 and Wedneday 15 March 2017
Case

SC 95/2016

Scott (Suppression Orders)

D J Goddard QC and S H Ambler

v

Williams

 S L Robertson

Civil Appeal

Judges Elias CJ,  William Young,  Glazebrook,  Arnold and O'Regan JJ
Case summary Civil Appeal – Property (Relationships) Act 1976 – Whether value of legal practice properly set by High Court ¬– Whether Court of Appeal erred in value of award made under s 15 PRA – Whether Court of Appeal erred in upholding decision of the High Court to order sale of property
Grounds on which leave was granted The approved questions are:

Was the approach taken in the lower courts to the valuation of the respondent’s practice correct?
Was the amount awarded to the applicant under s 15 of the Property (Relationships) Act 1976 correct?
Should the order that the Remuera properties be sold, rather than vested in the applicant, have been made?
Supreme Court leave application decision SCOTT v WILLIAMS [2016] NZSC 149   9 November 2016
Court of Appeal decision SCOTT v WILLIAMS [2016] NZCA 356 [29 July 2016]
High Court decision WILLIAMS v SCOTT [2014] NZHC 2547 [17 October 2014] (not available online)

 

 

Date of hearing Thursday 16 March 2017
Case

SC 89/2016

PricewaterhouseCoopers
B D Gray QC

v

Robert Bruce Walker and Ors
J B M Smith, T G H Smith and R S May

Civil Appeal

Judges

Elias CJ, Glazebrook, Arnold, O'Regan and Ellen France JJ

Case summary

Civil Appeal – Whether the Court of Appeal erred in not finding an assignment of debt and security impermissible – Whether Court of Appeal erred in not finding proceedings to be an abuse of process. 

Grounds on which leave was granted

The approved question is

Did the Court of Appeal err in upholding the High Court’s refusal to stay the proceeding?

Supreme Court leave application decision

PRICEWATERHOUSECOOPERS v WALKER AND OTHERS [2016] NZSC 165 [13 December 2016]

Court of Appeal decision

PRICEWATERHOUSECOOPERS v WALKER AND OTHERS [2016] NZCA 338 [19 July 2016]

Employment Court decision

WALKER AND SCUTTER & ORS v FORBES & ORS [2015] NZHC 1730 [28 July 2015]

 

 

Date of hearing Monday 27 March 2017
Case

SC 99/2016

Lakes International Golf Management Ltd
D J Goddard QC and A W Johnson

The Lakes International Golf Course Limited
D J Goddard QC and A W Johnson

v

Hartley Clendon Vincent
M J Fisher and K J Ng

Civil Appeal
Judges

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

Case summary

Civil Proceedings – Whether the Court of Appeal adopted the correct approach to the use of extrinsic evidence when interpreting a covenant.

Grounds on which leave was granted

The approved questions are

Was the Court of Appeal correct to take into account, in its interpretation of the instrument creating the registered covenant (the covenant), extrinsic evidence of the factual matrix in which the covenant came into existence?

Was the Court of Appeal correct to find that the Lakes Resort Golf Club operated by the First Applicant is not the “Golf Club” for the purposes of cl 7 of the covenant?

Supreme Court leave application decision

LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED v VINCENT [2016] NZSC 153 [21 November 2016]

Court of Appeal decision

VINCENT v LAKES INTERNATIONAL GOLF MANAGEMENT LTD [2016] NZCA 382 [9 August 2016]

High Court decision

LAKES INTERNATIONAL GOLF MANAGEMENT LIMITED v VINCENT [2015] NZHC 2771 [9 November 2015]

 

 

Date of hearing Tuesday 28 March 2017
Case

SC 118/2016

Solicitor-General’s Reference (No 1 of 2016) from CRI-2015-485-52, High Court at Christchurch
U R Jagose QC and Z R Johnston

 

Counsel assisting the Court
A N Isac and T Mijatov

Criminal Appeal
Judges

Elias CJ, William Young, Glazebrook, O’Regan, Ellen France JJ

Case summary

Criminal Appeal – Land Transport Act 1998 – Whether the Court of Appeal erred in determining that the requirements of s 90 of the Land Transport Act 1998 had not been met – Whether the Court of Appeal erred in holding the correct remedy was the quashing of the defendant’s conviction.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was right to answer the two questions before it in the way that it did.

Supreme Court leave application decision

SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2016), FROM CRI-2015-485-52, HIGH COURT AT CHRISTCHURCH [2016] NZSC 168   19 December 2016

Court of Appeal decision

SOLICITOR-GENERAL’S REFERENCE (NO 1 OF 2016), FROM CRI-2015-485-52, HIGH COURT AT CHRISTCHURCH [2016] NZCA 417 [5 September 2016]

High Court decision

NEW ZEALAND POLICE v DENNIS MAX HAUNUI [2015] NZHC 2456 [7 October 2015]

 

 

Date of hearing Wednesday 29 March 2017
Case

SC 124/2016

Cyrus Christian (AKA William John Tassell)
N Levy

v

The Queen
F R Sinclair

Criminal Appeal

Judges Elias CJ, William Young, Glazebrook, O'Regan, Ellen France JJ
Case summary Criminal Appeal – Appeal against conviction – Crimes Act 1961, s 128A – Whether the Court of Appeal erred in its interpretation of s 128A of the Crimes Act 1961 – Whether the Court of Appeal erred in finding that the jury must have accepted the complainant’s evidence. 
Grounds on which leave was granted The approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.
Supreme Court leave application decision CYRUS CHRISTIAN (AKA WILIAM JOHN TASSELL) v R [2016] NZSC 170 [21 December 2016]
Court of Appeal decision CHRISTIAN (AKA TASSELL) V R [2016] NZCA 450 [22 September 2016]
District Court sentencing notes Not available

 

April 2017

Date of hearing 6 and 7 April 2017
Case

SC 115/2016

Kawarau Village Holdings Limited and Melview (Kawarau Falls Station) Investments Limited (in receivership) v Ho Kok Sun, Peninsula Road Limited (in receivership & in liquidation) and Russell McVeagh

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