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Case summaries 2017

 

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Updated 18 April 2017

 

Case Number

SC 1/2017

Case Name

Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust v Ian Bruce Shepherd and Christine Margaret Dunphy

Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal erred in declining the application for an extension of time. 

[2016] NZCA 446   CA51/2016

HC judgment SHEPHARD v RABSON [2015] NZHC 3137  9 December 2015
Judgment appealed from

RABSON AND CRESER AS TRUSTEES OF THE MALCOLM RABSON FAMILITY TRUST v SHEPHARD [2016] NZCA 446    19 September 2016

Leave judgment

 

 

 

Case Number

SC 2/2017

Case Name

Donna Michelle Ritchie v Accident Compensation Corporation

Summary Civil Appeal – Accident Compensation Act 2001, s 110(3) – Whether the Court of Appeal erred in its interpretation of s 110(3) of the Accident Compensation Act 2001 –  Whether the Court of Appeal erred in applying McGrath v Accident Compensation Corporation [2011] NZSC 77, [2011] 3 NZLR 733 –  Whether the Court of Appeal erred in its assessment of evidence.  
HC judgment DONNA RITCHIE V ACCIDENT COMPENSATION CORPORATION [2015] NZHC 2305    23 September 2015
Judgment appealed from DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2016] NZCA 577   2 December 2016
Leave judgment

 

 

 

Case Number

 SC 3/2017

Case Name

Malcolm Edward Rabson v Linda Gallagher, Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust and Wayne Seymour Chapman as Trustee of the Gallagher-Rabson Family Trust

Summary

Civil Appeal – Whether the Court of Appeal was correct to decline the application for clarification of the orders in Rabson v Gallagher [2011] NZCA 669. 

Dates

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to each of the first and third respondents.


5 April 2017

CA judgment MALCOLM EDWARD RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST V LINDA   GALLAGHER COA CA507/2010   20 December 2011
Judgment appealed from

RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILIY TRUST v GALLAGHER [2016] NZCA 584    6 December 2016

Leave judgment

 

 

 

Case Number

 SC 4/2017

Case Name

 Malcolm Edward Rabson v Judicial Conduct Commissioner

Dates

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.


27 March 2017

HC judgment appealed from MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 3162   20 December 2016                                             __
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 39  27 March 2017

 

 

Case Number

 SC 5/2017

Case Name

Gary Owen Burgess v Malley & Co 

Dates

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.


27 March 2017

HC judgment MALLEY & CO v BURGESS [2016] NZHC 907    5 May 2016
Judgment appealed from BURGESS v MALLEY & CO [2016] NZCA 585   6 December 2016
Leave judgment - leave dismissed GARY OWEN BURGESS v MALLEY & CO [2017] NZSC 38   27 March 2017

 

 

Case Number

 SC 6/2017

Case Name

 David Keith Silby v New Zealand Police

Summary

Criminal Appeal – Criminal Procedure Act 2011, s 237 – Whether the Court of Appeal erred in declining leave to bring a second appeal against conviction and sentence in respect of offences under the Land Transport (Road User) Rule 2004.

HC judgment SILBY v NEW ZEALAND POLICE [2016] NZHC 162   15 February 2016
Judgment appealed from

SILBY v NEW ZEALAND POLICE [2016] NZCA 592  9 December 2016

Leave judgment - leave dismissed

DAVID KEITH SILBY v NEW ZEALAND POLICE [2017] NZSC 46   7 April 2017

 

 

 

Case Number

SC 7/2017 

Case Name

Hyun Su Park v Joong Song Kwak and Hye Sook Kwak, Andrew J Steele and Jarred Scott, Tim J Rainey and Jonathan Wood

Summary

Civil Appeal – Weathertight Homes Resolution Services Act 2006, ss 93 and 95 – Whether the High Court and Court of Appeal erred in their approach to a second appeal under the Weathertight Homes Resolution Services Act.
 

Dates

A The application is dismissed for want of jurisdiction.
B Costs of $2,500 are awarded to the third respondents.              
9 February 2017

HC judgment KWAK & ANOR v PARK [2016] NZHC 530    24 March 2016
Judgment appealed from

PARK v KWAK & ANOR [2016] NZCA 574   8 December 2016 not available online  _

Leave judgment - leave dismissed

HYUN SU PARK v JOONG SONG KWAK AND HYE SOOK KWAK [2017] NZSC 2  9 February 2017

 

 

Case Number

 SC 8/2017

Case Name

Nicholas David Wright v Vijay Bhosale and Attorney-General 

Summary

Civil Appeal – New Zealand Bill of Rights Act 1990, ss 21, 23 and 24(a) –Whether the Court of Appeal erred in finding there was no breach of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its assessment of the intention required to obtain exemplary damages. 

HC judgment WRIGHT v BHOSALE & ANOR [2016] NZHC 3367   21 December 2015
Judgment appealed from

WRIGHT v BHOSALE & ANOR [2016] NZCA 593  9 December 2016

Leave judgment

 

 

Case Number

SC 9/2017 

Case Name

Chatfield & Co Limited v Commissioner of Inland Revenue

Summary

 

Results

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.


11 April 2017

HC judgment CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2015] NZHC 2099    1 September 2015
Judgment appealed from

CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZCA 614   16 December 2016

Leave judgment - leave dismissed

CHATFIELD & CO LIMITED v COMMISSIONER OF INLAND REVENUE [2017] NZSC 48   11 April 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

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

 

 

 

Case Number

 SC 11/2017

Case Name

 F v The Queen

Summary

Criminal Appeal – Resource Management Act 1991, s 332 – Whether the Court of Appeal erred in its interpretation of the inspection powers conferred by s 332 – Whether evidence against the applicants was lawfully obtained despite the absence of a search warrant

Dates

Judgment released. Details, including result, are suppressed until final disposition of trial.                                                                       

8 March 2017

HC judgment not available - suppression orders
Judgment appealed from

not available - suppression orders 

Leave judgment

 

 

 

Case Number

SC 12/2017 

Case Name

Kathryn Anne Harlen v Chief Executive of the Ministry of Social Development

Summary

Civil Appeal – Social Security Act 1964, s 86 – Whether the High Court erred in its view of the Chief Executive’s discretion to decline to recover benefit overpayments.

HC judgment HARLEN v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZHC 2663   29 October 2015 not available
Judgment appealed from
Leave judgment

 

 

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

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

 

 

Case Number

 SC 14/2017

Case Name

Ronnie Joseph de Wys and Penelope Helen Louisa de Wys v The Commissioner of Police

HC judgment The Commissioner of Police v de Wys [2015] NZHC 540    24 March 2015
Judgment appealed from

COMMISSIONER OF POLICE v DE WYS [2016] NZCA 634    21 December 2016

Leave judgment

 

  

Case Number

 SC 15/2017

Case Name

 Mateo Melina Nixon v The Queen

Summary

 Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s conviction appeal – Whether the applicant’s sentence was adequately reduced.

DC judgment THE QUEEN v NIXON [2015] NZDC 16756 not available
Judgment appealed from

 NIXON V R [2016] NZCA 589   9 December 2016

Leave judgment

 

 

 

Case Number

SC 16/2017 

Case Name

 Richard Lyall Genge v Superintendent of Christchurch Men's Prison

Summary

Civil Appeal – Whether the High Court erred in failing to grant the applicant’s application for a writ of habeas corpus.

Dates

The application for leave to appeal is dismissed.                               

28 March 2017

Judgment appealed from

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZHC 20 [19 January 2017]

Leave judgment - leave dismissed

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZSC 40    28 March 2017

 

 

Case Number

 SC 17/2017

Case Name

Rhys Richard (Ngahiwi) Warren 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.   

Dates

The application for leave to appeal is dismissed.                              

2 March 2017

Judgment appealed from

RHYS RICHARD (NGAHIWI) WARREN V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 12    17 January 2017

Leave judgment - leave dismissed

RHYS RICHARD (NGAHIWI) WARREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 20          2 March 2017

 

 

Case Number

 SC 18/2017

Case Name

 B v ALA

Summary

Civil Appeal – Whether the Employment Court erred in its application of confidentiality provisions in a settlement agreement.

Employment Court decision

ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016]

Judgment appealed from

 B v ALA [2016] NZCA 385 [10 August 2016]

Leave judgment

 

 

 

Case Number

 SC 19/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Dates

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.


5 April 2017

Judgment appealed from

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 2539   25 October 2016

Leave judgment

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 45    5 April 2017

 

 

Case Number

 SC 20/2017

Case Name

Ram Chander Dahiya v Chief Executive of the Ministry of Business, Innovation and Employment

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal for an extension of time. 

High Court judgment

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1217 [8 June 2016] 

Judgment appealed from

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZCA 546    22 November 2016

Leave judgment

 

 

 

Case Number

 SC 21/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Judgment appealed from

NZLII : RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZCA 44 [6 March 2017]

Leave judgment

 

 

 

Case Number

 SC 22/2017

Case Name

 R v The Queen

Summary

 

Dates

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

 

 

 

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.

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

 

 

 

Case Number

 SC 24/2017

Case Name

AN v Bupa Care Services (New Zealand) Limited

Summary

Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.

Result

A  The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs.

12 April 2017

Judgment appealed from N v BUPA CARE SERVICES (NEW ZEALAND) LTD [2017] NZHC 499  17 March 2017
Leave judgment - leave dismissed

AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 49   12 April 2017

 

 

Case number

 SC 25/2017

Case name

Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee

Summary

Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.

Result

 

High Court judgment COMMISSIONER OF INLAND REVENUE v CLARENCE JOHN FALOON [2016] NZHC 760   14 April 2016
Judgment appealed from

FALOON v COMMISSIONER OF INLAND REVENUE [2016] NZCA 537  11 November 2016

Leave judgment

 

 

 

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.

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

 

 

 

Case Number

 SC 27/2017

Case Name

Alan Ivo Greer v The Queen 

High Court judgment R v GREER [2014] NZHC 2364     26 September 2014
Judgment appealed from

GREER v R [2016] NZCA 630   21 December 2016

Leave judgment

 

 

 

Case Number

 SC 28/2017

Case Name

K v T

Summary

Civil Appeal – Whether the Court of Appeal erred in finding that without prejudice negotiations that do not result in an agreement do not preclude mutuality – Whether the Court of Appeal erred in finding that there was evidence of a common intention between the parties sufficient to sever the joint tenancy.

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

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

 

Case Number

 SC 29/2017

Case Name

R v The Queen

Judgment appealed from

DC (not available publicly)

 

 

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
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

 

 

Case Number

 SC 31/2017

Case Name

L v W

Summary

Criminal Appeal – Whether the Supreme Court has jurisdiction to hear an appeal by a complainant in a criminal matter – Whether the Court of Appeal erred in its analysis of the complainant’s credibility.

HC judgment

not available online

Judgment appealed from

not available online

 

 

Case Number

 SC 32/2017

Case Name

Midgen Enterprises Limited and David James Midgen v Water Guard NZ Limited

HC judgment

WATER GUARD NZ LTD v MIDGEN ENTERPRISES LTD [2016] NZHC 1546 8 July 2016

Judgment appealed from WATER GUARD NZ LIMITED V MIDGEN ENTERPRISES LIMITED [2017] NZCA 36 2 March 2017

 

 

Case Number

 SC 33/2017

Case Name

Ahu Stanley Taylor v The Queen

HC judgment

R v AHU TAYLOR [2016] NZHC 1620 [15 July 2016] (Sentencing)

Judgment appealed from TAYLOR v R [2017] NZCA 53   9 March 2017

 

 

Case Number

 SC 34/2017

Case Name

Stevenson Brown Limited v Montecillo Trust

HC judgment MONTECILLO TRUST v STEVENSON BROWN LIMITED [2016] NZHC 684   14 April 2016
Judgment appealed from STEVENSON BROWN LIMITED V MONTECILLO TRUST [2017] NZCA 57  13 March 2017

 

 

Case Number

 SC 35/2017

Case Name

David Stanley Trantor v The Queen 

HC judgment

R v TRANTER [2016] NZHC 111 [5 February 2016]

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

 

 

Case Number

 SC 36/2017

Case Name

Matthew Richard Brown v New Zealand Police

HC judgment

 

Judgment appealed from BROWN v NEW ZEALAND POLICE [2017] NZCA 71   23 March 2017