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Case information 2004

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Listed below are the substantive Supreme Court cases for 2004. 

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

All 2019 - 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.


  

Recent update : 4 October 2017

 

Case number CIV 27/2004  
Case name John Hemmes v John Patrick Young
Summary Family law - whether s16(2) of the Adoption Act 1995 precludes the High Court from issuing a declaration of paternity under s10 of the Status of Children Act 1969 in respect of a child and natural parent where the child has been adopted.
Result

Leave to appeal granted.

8 March 2005

______________

Appeal allowed. All orders made below are set aside. The proceeding is struck out. Costs to the appellant in the total sum of $25,000 to cover all courts plus disbursements.

15 July 2005

Judgment appealed from CA 33/04 26 November 2004 (note : not available electronically)
Leave judgment - leave granted

HEMMES V YOUNG  [2005] NZSC 9  8 March 2005

Transcript

Hearing date : 23 June 2005

Substantive judgment

HEMMES V YOUNG SC CIV 27/2004 [15 July 2005]

 

 

Case Number CIV 26/2004  
Case Name Henry John Esdaile Nation v Nicola Mary Nation
Summary Relationship property - whether the determination of the date for assessment of the effect of disposition under s44C Property (Relationships) Act 1976 should be the date of the hearing - whether certain livestock is relationship property - whether a 'put to use' arrangement in respect of livestock can have the status of a property right for the purpose of s10(2)

CA 190/03 26 November 2004

Result 21 April 2005

Leave to appeal granted.

8 April 2005

__________________

Notice of abandonment being lodged, the appeal is deemed to be dismissed.

Transcript

Hearing date 5 April 2005

Hearing date : 22 July 2005

Judgment appealed from

Nation v Nation [2004] NZCA 288 (26 November 2004)

Leave judgment - leave granted

HENRY JOHN ESDAILE NATION V NICOLA MARY NATION SC  SC CIV 26/2004

 

 

Case Number CIV 25/2004  
Case Name W J Clark v The Attorney-General
Summary

Civil appeal against the refusal of an application for interim name suprpession - whether failure to give name suppression amounted to a breach of the New Zealand Bill of Rights Act 1990 or the Convention Against Torture - whether the principle of open justice requires that the applicant's name be publicly available - whether, and to what extent the practice of the United Nations's Committee Against Torture and the right to privacy are relevant to the application.

CA 213/04 2 December 2004; 8 December 2004

Result Leave to appeal refused.

17 February 2005

Leave judgment - leave dismissed  CLARK V THE ATTORNEY-GENERAL SC SC CIV 25/2004 [17 February 2005]

 

 

Case Number CIV 24/2004  
Case Name James Bryson v Three Foot Six Limited
Summary Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label.

CA 246/03 12 November 2004

Result

Gault J; Blanchard J.

Leave to appeal granted.

22 February 2005

_____________________

New Zealand Council of Trade Unions granted Intervener status.

14 March 2005

______________

Business New Zealand granted Intervener status.

16 March 2005

__________________________

The appeal is allowed.

The decision of the Employment Court is restored.

Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions.

16 June 2005

___________________________

Judgment of the Court on Costs issued.

10 August 2005

Transcript Hearing date : 8 April 2005
Leave judgment - leave granted JAMES BRYSON V THREE FOOT SIX LIMITED SC SC CIV 24/2004 [22 February 2005]
Substantive judgment BRYSON V THREE FOOT SIX LIMITED SC CIV 24/2004 [16 June 2005]
Judgment on costs BRYSON V THREE FOOT SIX LIMITED SC CIV 24/2004 [10 August 2005]

 

 

Case Number CIV 23/2004  
Case Name Parsoa Bahramitash v Stish Kumar and Sunila Kumar
Summary Civil appeal - Conveyancing - Whether the Court of Appeal erred in ordering specific performance - Whether the remedy of specific performance is reserved by clauses 9.5 and 9.7 of the REINZ-ADLS standard form agreement for sale and purchase - Whether clause 4.2(2) provides an exclusive remedy and ousts the application of equitable principles.

CA 51/04 8 November 2004

Result

Gault J; Blanchard J.

Leave to appeal granted.

3 March 2005

______________________

Appeal dismissed.

Costs to respondent $15,000 plus disbursements.

Reasons now added.

30 June 2005

Transcript

Hearing date : 3 March 2005

Hearing date : 21 June 2005

Judgment appealed from

KUMAR AND KUMAR V BAHRAMITASH CA CA51/04 8 November 2004

Leave judgment - leave granted

PARSOA BAHRAMITASH V SATISH KUMAR AND SUNILA KUMAR SC SC CIV23/2004 [3 March 2005]

Substantive judgment

BAHRAMITASH V KUMAR SC CIV 23/2004 [21 June 2005]

Reason for judgment

BAHRAMITASH V KUMAR SC CIV 23/2004 [21 June 2005]

 

 

Case Number CIV 22/2004  
Case Name Calan Healthcare Properties Limited v Richard John Ord and Colleen Mary Fenton.
Summary Civil appeal - whether the lodging of an updating share transfer, which gives effect to a change of trustee, establishes that "a shareholder is intending to transfer any shares", and thus triggers rights of pre-emption under the appellant's constituion - propoer approach to interpretation of a constitution.

CA31/04 CA165/04 7 October 2004

Result Application for leave to appeal is dismissed. Costs to Respondents of $2,500 plus disbursements to be fixed if necessary by the Registrar.

27 April 2005

Judgment appealed from ORD & FENTON V CALAN HEALTHCARE PROPERTIES LTD CA CA31/04 7 October 2004
Leave judgment - leave dismissed CALAN HEALTHCARE PROPERTIES LIMITED V ORD AND FENTON SC CIV 22/2004 [27 April 2005]

 

 

Case Number CIV 21/2004  
Case Name Alison Mary Davidson v ASB Bank Ltd.
Summary Civil appeal - whether public policy should prevent recovery under an indemnification agreement against a trustee personally when the principal debt is unenforceable against the Trust - whether unenforceable debt falls within indemnification clause.

CA95/03 8 October 2004

Result Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.

9 December 2004

Judgment appealed from ASB BANK LTD V DAVIDSON And Ors CA CA95/03 8 October 2004

 

 

Case Number CRI 20/2004  
Case Name Thomas Maxwell Clark v The Queen
Summary Criminal appeal against pre-trial ruling - whether Judge erred in declining to order severance of two counts of sexual offending - whether the evidence of mutual compaints sufficiently qualified as similar fact evidence - what the appropriate test for admission of similar fact evidence should be - whether the issue of possible collusion between the two complainants should have been explored on a voir dire before trial.

CA 306/04 6 December 2004

Result Application for leave dismissed.

10 May 2005

Transcript Hearing date : 6 April 2005
Leave judgment - leave dismissed CLARK V R SC CRI 20/2004 [10 May 2005]

 

 

Case Number CIV 20/2004  
Case Name Ngahuia Reihana Whanau Trust v Mavis & Earl Flight and Ngahuia Kakahi Reihana Trust.
Summary Civil appeal - Whether an earlier judgment of the Court of Appeal should have been recalled - Whether the applicant was able, in the earlier hearing, to present adequate arguments in relation to the central legal principle.

CA23/03 26 July 2004

Result Leave to appeal declined.

8 November 2004

Judgment appealed from NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor CA CA23/03 26 July 2004
Leave judgment - leave dismissed NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor SC SC CIV 20/2004 8 November 2004

 

 

Case Number CIV 19/2004  
Case Name Attorney-General v Ahmed Zaoui, Inspector General of Intelligence and Security, and Human Rights Commissioner
Summary Civil appeal - judicial review of the standard to be applied by Inspector General in reviewing a security risk certificate issued under Part A of the Immigration Act 1997 in respect of a refugee who is said to be a threat to national security - whether Inspector General required to take into consideration New Zealand's international obligations, including but not limited to, the Refugee Convention - if so, what standard of risk does international law require before certificate can be confirmed.

CA20/04 19 November 2004

Appeal Hearing Date

3 February 2005

12 and 13 April 2005

Results

Leave to appeal granted.

3 February 2005

_______________________

The first respondent is granted leave to cross appeal.

The declarations made by the Court of Appeal are set aside.

The Court makes the following declarations:

1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial.

2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.

21 June 2005

Judgment appealed from

THE ATTORNEY-GENERAL V ZAOUI And Ors CA CA20/04 1 October 2004

Substantive judgment

ATTORNEY-GENERAL V ZAOUI And Ors SC SC CIV 19/2004 [21 June 2005]

 

 

Case Number CRI 19/2004  
Case Name Christian Paul Clifton
Summary Criminal appeal against conviction and sentence for conspiracy to import Class B drug, importing a Class B drug, possession of a Class B drug, conspiracy to manufacture a Class B drug, possession of equipment, and possession of a precursor substance - miscarriage of justice alleged on the basis of misdirection by trial judge, time delays by the Court of Appeal in delivering judgment, error by Court of Appeal in failing to give leave to adduce fresh evidence - sentence of 6 years 10 months' imprisonment manifestly excessive.

CA398/03 8 November 2004

Result Leave to appeal dismissed.

17 February 2005

Judgment appealed from

NZLII : CLIFTON Christian Paul v R [2004] NZCA 264

Leave judgment - leave dismissed CLIFTON V R SC SC CRI 19/2004 [17 February 2005]

 

 

Case Number CRI 18/2004  
Case Name Donald Lyall Trotter
Summary Criminal appeal - whether sentence of preventive detention should have been imposed - whether substantial miscarriage of justice has occurred as a result.

CA253/03 14 October 2003

Result Leave to appeal dismissed.

3 March 2005

Leave judgment - leave dismissed TROTTER V R SC SC CRI 18/2004 [3 March 2005]

 

 

Case Number CIV 18/2004  
Case Name Garry Albert Muir and others v Commissioner of Inland Revenue.
Summary Appeal from decision of Court of Appeal dismissing an appeal of the High Court's decision to discharge confidentiality orders - the application of "open justice" principles to tax cases in light of the confidentiality and fairness provisions in the Tax Administration Act 1994.

CA 185/04 14 October 2004

Result Leave to appeal dismissed.

Interim stay of Court of Appeal judgment set aside.

15 November 2004

Judgment appealed from MUIR & ORS V COMMISSIONER OF INLAND REVENUE CA CA185/04 14 October 2004
Leave judgment - leave dismissed Muir & Ors V CIR SC SC CIV 18/2004 [15 November 2004]

 

 

Case Number CIV 17/2004  
Case Name Ponifasio Ioane v Waitakere City Council.
Summary Employment law - Whether the employee's own conduct was causative of his dismissal - Whether the Employment Court was obliged under the Employment Contracts Act 1991 to reduce the damages awarded to the employee - Whether the employee was unduly prejudiced by the Employment Court's failure to explicitly state that medical evidence could be adduced at a resumed hearing.

CA 21/03 9 September 2004

Result Leave to appeal dismissed.

3 December 2004

Judgment appealed from WAITAKERE CITY COUNCIL V IOANE CA CA21/03 9 September 2004
Leave judgment - leave dismissed PONIFASIO IOANE V WAITAKERE CITY COUNCIL SC SC CIV 17/2004 [3 December 2004]

 

 

Case Number CRI 17/2004  
Case Name Jesse Michael Guild
Summary Criminal appeal against conviction - whether the Court of Appeal erred in its approach to the use of similar fact evidence - whether a substantial miscarriage of justice has occurred.

CA84/04 7 April 2004

CA210/04 11 October 2004

Result Leave to appeal dismissed.

2 February 2005

Leave judgment - leave dismissed GUILD V R SC SC CRI 17/2004 [2 February 2005]

 

 

Case Number CIV 16/2004  
Case Name Latimer Holdings Ltd and John William Powell v Sea Holdings New Zealand Ltd.
Summary Civil appeal - appeal against the decision of the Court of Appeal dismissing an appeal from the interlocutory decision of the High Court entering summary judgment in favour of the respondent - whether detriment suffered by the applicant was within the category of unfair detriment in s174 Companies Act.

CA 214/03 15 September 2004

Result Leave to appeal dismissed.

Costs to respondent $1000 and disbursements.

24 November 2004

Judgment appealed from NZLII : Latimer Holdings Ltd v Sea Holdings New Zealand Ltd [2004] NZCA 226 (15 September 2004
Leave judgment - leave dismissed LATIMER HOLDINGS LIMITED & ANOR V SEA HOLDINGS NEW ZEALAND LIMITED SC SC CIV 16/2004 [24 November 2004]

 

 

Case Number CRI 16 2004  
Case Name Vaughn Bennett v The Queen
Summary Criminal appeal against conviction and sentence for charges of manslaughter and supply of a Class B drug - appellant administered methadone to victim - when a witness may be allowed to refresh his/her memory from statements made to police - when and how a timeline may be presented to a jury - whether a sentence of ten years' imprisonment (with a six year non-parole period) was within the range available to the sentencing judge.

CA457/03 23 September 2004

Result Application for leave to appeal refused.

10 December 2004

Judgment appealed from

NZLII : BENNET v R [2004] NZCA 239

Leave judgment - leave dismissed VAUGHN BENNETT V R SC SC CRI 16/04 [10 December 2004]

 

 

Case Number CRI 15/2004  
Case Name Yuang Ying Zhang v The Queen
Summary Appeal against conviction - jurisdiction of the Court of Appeal to hear appeal following guilty plea - whether s19(2)(b) of the Interpretation Act 1999 allows substitution of repealed offences in indictment - whether conspiracy to evade the Fisheries Act 1993 by fraudulent means can amount to a conspiracy under s247 of the Crimes Act 1961 (repealed) where the conduct engaged in is not criminal. - whether R v Walters [1993] 1 NZLR 533 (CA) correct - whether charge related to more than one transaction in breach of s329(6) of the Crimes Act.

CA 153/04 13 July 2004

Result Leave to appeal refused.

3 February 2005

Transcript Hearing date : 3 February 2005
Judgment appealed from

ZHANG v R [2004] NZCA 141 (13 July 2004)

Leave judgment - leave dismissed Zhang V R SC SC CRI 15/2004 [3 February 2005]

 

 

Case Number CIV 15/2004  
Case Name Edward Herbert Collingwood and Others v Minister of Internal Affairs, Hamilton City Council and Others.
Summary Appeal against refusal by Court of Appeal to grant leave to appeal out of time - appeal against further application for leave being struck out as an abuse of process.

CA56/01 19 July 2004

Result Leave to appeal refused.

2 November 2004 PDF 12kb

Leave judgment - leave dismissed COLLINGWOOD & ORS V MINISTRY OF INTERNAL AFFAIRS, GOVERNOR-GENERAL, ATTORNEYGENERAL, HAMILTON CITY COUNCIL & BRUCE PROPERTIES LTD & ORS SC SC CIV 15/2004 2 November 2004

 

 

Case Number CIV 14/2004  
Case Name The Attorney-General v Television New Zealand Ltd.
Summary Civil appeal - judicial review - whether granting a media interview to a detained person would risk undermining the administrative processes in which he was involved - whether involvement in such processes constitutes a limit on a detained person's freedom of expression.

CA169/04 17 September 2004

Result Leave to appeal refused.

14 October 2004

Judgment appealed from TELEVISION NEW ZEALAND LIMITED V ATTORNEY-GENERAL OF NEW ZEALAND CA CA169/04 17 September 2004
Leave judgment - leave dismissed THE ATTORNEY-GENERAL V TELEVISION NEW ZEALAND LTD SC SC CIV 14/04 [14 October 2004]

 

 

Case Number CRI 14/2004  
Case Name Aerengaroa Timoti v The Queen
Summary Criminal appeal against conviction - Whether, in the circumstances of this case, provocation was available as a partial defence to murder under s167(d) of the Crimes Act - Whether the jury direction on provocation was inadequate, resulting in a miscarriage of justice.

CA3/00 25 August 2004 PDF 92kb

Result Leave to appeal granted.

10 December 2004

________________________

Appeal allowed.

Conviction quashed. New Trial ordered.

21 June 2005

Transcript Hearing date : 17 March 2005
Leave judgment - leave granted TIMOTI V R SC SC CRI 14/2004 [10 December 2004]
Substantive judgment TIMOTI V R SC CRI 14/2004 21 June 2005

 

 

Case Number CRI 13/2004  
Case Name Graham Ashley Robert Palmer.
Summary Criminal Appeal - appeal against decision of the Court of Appeal to decline leave to withdraw a notice of abandonment of appeal.

CA140/04 16 August 2004

Result Leave to appeal refused.

12 October 2004

Judgment appealed from PALMER v R [2004] NZCA 185 (16 August 2004)
Leave judgment - leave dismissed PALMER V R SC SC CRI 13/2004 [12 October 2004]

 

 

Case Number CIV 13/2004  
Case Name Ahmed Zaoui v The Attorney-General, The Superintendent, Auckland Remand Prison and Human Rights Commission.
Summary Habeas Corpus - application for Habeas Corpus or bail under the inherent jurisdiction of the High Court where the applicant is detained on the basis of a security risk certificate issued pursuant to Part 4A Immigration Act 1987.

CA166/04 17 September 2004 PDF 258kb

Result 14 October 2004.

Gault J; Keith J.

Leave to appeal granted.

14 October 2004

______________________________

Declaration that there is jurisdiction to grant bail and to vary warrant. Court to reconvene on Thursday 9 December 2004 to hear further argument.

25 November 2004

_______________

Bail allowed on conditions

9 December 2004 

Transcript

Appeal Hearing Date : 10 and 11 November 2004

Hearing date : 9 December 2004

Leave judgment - leave granted

AHMED ZAOUI V THE ATTORNEY-GENERAL And Anor SC CIV SC 13/04 [14 October 2004]

Bail decision

ZAOUI V THE ATTORNEY-GENERAL And Ors SC SC CIV 13/2004 [9 December 2004]

 

 

Case Number CIV 12/2004  
Case Name Pharmacy Care Systems Limited v The Attorney-General.
Summary Civil appeal - contract law - correct test for whether a contract or deed is voidable because it is entered into under duress - whether duress was established on the facts of this case - whether the Court of Appeal breached natural justice by finding that the applicant had affirmed the deed when affirmation was not pleaded by the respondent as a defence - whether affirmation by silence requires the respondent to have relied on that silence to its detriment.

CA198/03 16 August 2004

Result Leave to appeal refused.

Costs to the respondent $1,000 plus disbursements as fixed by the Registrar.

9 November 2004

Judgment appealed from NZLII : Pharmacy Care Systems Ltd v Attorney-General [2004] NZCA 187 16 August 2004
Leave judgment - leave dismissed PHARMACY CARE SYSTEMS LIMITED V THE ATTORNEY-GENERAL SC SC CIV 12/2004 [9 November 2004]

 

 

Case Number CRI 12/2004  
Case Name Raymond Simpson v Kawerau District Council.
Summary Criminal appeal - appeal against the decision of the Court of Appeal to decline to grant special leave to appeal to that Court.

CA76/04 27 July 2004

Result Leave to appeal refused.

5 October 2004

Judgment appealed from SIMPSON v R [2004] NZCA 160 (27 July 2004)
Leave judgment - leave dismissed R SIMPSON V KAWERAU DISTRICT COUNCIL SC SC CRI 12/2004 [5 October 2004]

 

 

Case Number CIV 11/2004  
Case Name Union House Limited and Union House Lease Limited v Auckland City Council.
Summary Civil appeal - contract interpretation - whether contract unassignable because of the existence of a confidentiality clause prohibiting disclosure of the terms of the agreement - whether the assignment was ineffective where the assigning party breached the confidentiality clause - whether the case should have been remitted back to the High Court to determine whether the pleadings could be amended to allege a breach of the confidentiality clause.

CA162/03 11 August 2004

Result

Leave to appeal granted.

15 December 2004

___________________

Appeal Hearing Date

22 March 2005

_____________

Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.

23 March 2005

Judgment appealed from

NZLII : Auckland City Council v Union House Limited & Anor [2004] NZCA 181 (11 August 2004)

Transcription

Leave hearing date : 15 December 2004

Leave judgment - leave granted

Union House Limited And Union House Lease Limited SC SC CIV 11/2004

 

 

Case Number CRI 11/2004  
Case Name R v Atirut Sungsuwan.
Summary Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial.

CA479/03 11 August 2004

Result

Leave to appeal granted.

17 December 2004

______________________

Appeal dismissed.

25 August 2005

Transcript

Leave hearing date :15 December 2004

7 April 2005

Leave judgment - leave granted

R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004]

Substantive judgment

SUNGSUWAN V R SC SC 11/2004 [25 August 2005] 

 

 

Case Number CRI 10/2004  
Case Name Kevin Moana Jarden
Summary Criminal appeal against conviction for sexual offending - whether there was a risk that the jury did not receive a balanced selection of material in its deliberations - whether transcripts of the video interviews of the complainants should have been left with the jury without transcripts of their cross-examination as well.

CA114/04 29 July 2004

Result Leave to appeal refused

20 October 2004

Leave judgment - leave dismissed JARDEN V R SC SC CRI 10/2004 [20 October 2004]

 

 

Case Number CIV 10/2004  
Case Name Lionel William Burt v Liu Sheung Wong.
Summary Civil appeal - lawfulness of discretionary distributions of capital by trustees of an estate to life tenant - life tenant lent capital to eventual beneficiaries of residuary estate - whether discretionary distribution amounted to a fraud upon a power - whether trustees protected from personal liability by an exoneration clause or s73 Trustee Act 1956 - meaning of "honesty" in the context of an exoneration clause or s73 Trustee Act 1956.

CA100/03 4 August 2004

Dates Notice of abandonment of appeal being lodged, the appeal is deemed to be dismissed.

3 February 2005

 

 

Case Number CIV 9/2004  
Case Name Richard Prebble and Ken Shirley v Donna Awatere Huata.
Summary Whether distortion of "the proportionality of political party representation in Parliament" in terms of s55D of the Electoral Act 1993 was properly limited to conduct which alters a party's relative voting strength through defection - whether the belief of the leaders of the Act party that Huata had acted so as to distort the proportionality of Parliament was a reasonable one - whether, and to what extent, the scope of judicial review is limited in the context of ss55A-55D of the Act.

CA34/04 16 July 2004

Result

Leave to appeal granted.

25 August 2004

_________________

A Appeal allowed

B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.

C Appellant entitled to costs in this and the lower courts.

18 November 2004 PDF 139kb

________________________

Costs to appellant in the sum of $15,000, together with disbursements of $2,000.

19 April 2005

Judgment appealed from

HUATA V PREBBLE And Anor CA CA34/04 16 July 2004

Leave judgment -

PREBBLE And Ors V HUATA SC SC CIV 9/2004 25 August 2004

Transcript

Appeal Hearing date 5 October 2004

Substantive judgment

PREBBLE And Ors V HUATA SC SC CIV 9/2004 [18 November 2004]

Judgment on costs

PREBBLE And Ors V HUATA SC SC CIV 9/2004 [19 April 2005]

 

 

Case Number CRI 9/2004  
Case Name Matthew James Tehau Teepa
Summary Criminal appeal against sentence - whether minimum term of imprisonment of 4 years excessive on basis of failure to recognise again the relevant mitigating factors.

CA79/04 24 July 2004

Result Leave to appeal refused

14 October 2004

Judgment appealed from NZLII : TEEPA v R [2004] NZCA 161 (27 July 2004)
Leave judgment - leave dismissed TEEPA V R SC SC CRI 9/2004 [14 October 2004]

 

 

Case Number CRI 8/2004  
Case Name Fiso Siloata
Summary Criminal appeal against conviction for possession of cannabis for supply - whether the jury must be unanimous that the defence has failed to rebut the presumption that possession of cannabis was for supply.

CA 447/03 14 July 2004

Result Leave to appeal granted.

14 September 2004

____________________________

Appeal dismissed.

16 December 2004

Judgment appealed from The Queen v Siloata [2004] NZCA 144 (14 July 2004)
Transcript Hearing date : 17 November 2004
Leave judgment - leave granted Siloata v R 14 september 2004 SC CRI 8/2004
Substantive judgment SILOATA V R SC SC CRI 8/2004 [16 December 2004]

 

 

Case Number CIV 8/2004  
Case Name Te Runanga O Muriwhenua v Treaty of Waitangi Fisheries Commission; The Attorney-General of New Zealand; The Minister of Fisheries; Te Kotahitanga O Te Arawa Fisheries Trust and Te Runanaga O Ngai Tahu
Summary Judicial review - allocation of assets provided in settlement of Maori commercial fishing claims - whether the final allocation model proposed by the Commission in its final report He Kawai Amokaura is unreasonable - whether the allocation model should have taken into account alleged inequities deriving from the way quota was managed by the Commission from 1990 onwards - whether the consultation undertaken by the Commission leading up to its final report on this issue was sufficient.

CA 73/04 30 June 2004

Result Leave to appeal dismissed.

23 September 2004

Judgment appealed from Whata-Wickliffe v Treaty of Waitangi Fisheries Commission [2004] NZCA 113
Leave judgment - leave dismissed TE RUNANGA O MURIWHENUA INCORPORATED V TREATY OF WAITANGI FISHERIES
COMMISSION And Anor SC SC CIV 8/04 [23 September 2004]

 

 

Case Number CIV 7/2004  
Case Name Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay
Summary

Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.

Result

A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside.

E.  The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed.

F.  Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar.  The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000.  Costs in the High Court are to remain as fixed by that court.

6 September 2006

Leave judgment / leave granted

Wynston Chirnside Rattray Properties Ltd  v Richard Fay 26 August 2004

Transcript

Hearing date : 14 November 2005

Substantive judgment / Media release

CHIRNSIDE And Anor v FAY SC CIV 7/2004 [6 September 2006]

 

 

Case Number CRI 7/2004  
Case Name R v T
Summary Criminal appeal against conviction - whether identification evidence of complainant and photographic identification evidence was admissible.

CA 486/03 & CA36/04 14 June 2004

Result

Leave to appeal refused.

12 October 2004

Judgment appealed from

not publicly available

14 June 2004

Leave judgment - leave dismissed

not publicly available

12 October 2004

 

 

Case Number CRI 6/2004  
Case Name Alan Ivo GREER
Summary Criminal appeal against conviction and sentence - alleged incompetence by counsel acting for the applicant on his appeal - whether evidence wrongly admitted - whether sentence manifestly excessive.

CA 163/03 20 May 2004

Result Leave to appeal dismissed.

9 September 2004

Judgment appealed from R v GREER [2004] NZCA 72 (20 May 2004)
Leave judgment - leave dismissed NZLII : R v GREER [2004] NZSC 10 (9 September 2004)

 

 

Case Number CIV 6/2004  
Case Name Otago Station Estates Limited v John Robert Parker; and David John Parker and Lorraine Maree Parker.
Summary Civil appeal - method of payment of a deposit in a conveyancing transaction where notice of intention to cancel for non-payment of deposit has been given - whether payment in law requires legal tender or whether tendering a personal cheque is sufficient.

CA 158/03 10 June 2004

Result

Leave to appeal granted.

12 October 2004

_____________________

The appeal is dismissed.

Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.

19 April 2005

Transcript

Hearing date : 15 March 2005

Hearing date : 12 October 2004

Gault J; Keith J.

Judgment appealed from

OTAGO STATION ESTATES LIMITED V JOHN ROBERT PARKER And Anor CA CA158/03 10 June 2004

Leave judgment - leave granted

OTAGO STATION ESTATES LTD V JOHN ROBERT PARKER And Anor SC SC CIV 6/2004 [12 October 2004]

Substantive judgment / Media release OTAGO STATION ESTATES LIMITED V PARKER And Anor SC SC CIV 6/2004 [19 April 2005]

 

 

Case Number CRI 5/2004  
Case Name Donald Hugh SIMCOCK
Summary Criminal appeal against conviction - using a document for pecuniary advantage - elements of fraud - whether making a secret profit in conscious disregard of fiduciary obligations is sufficient to amount to fraud.

CA 322/03 19 May 2004 and 10 June 2004

Result 7 July 2004 - Notice of abandonment being filed - the application for leave to appeal is deemed to be refused.
Judgment appealed from

NZLII : The Queen v Simcock [2004] NZCA 92

NZLII : SIMCOCK v R [2004] NZCA 85 (10 June 2004)

 

 

Case Number CIV 5/2004  
Case Name Benjamin Eugene Manuel v The Superintendent, Hawkes Bay Prison
Summary Habeas Corpus - proper case scope of writ of habeas corpus under the Habeas Corpus Act 2001 - relationship with judicial review. Parole - nature of parole - test for recall - conformity with New Zealand Bill of Rights Act 1990 and the International Covenant on Civil and Political Rights - Parole Board procedure on recall.

CA 67/01 15 June 2004

Result Leave to appeal refused.

3 August 2004

Judgment appealed from MANUEL V THE SUPERINTENDENT, HAWKES BAY REGIONAL PRISON CA CA67/04 15 June 2004
Transcript

Hearing date : 3 August 2004

Gault Blanchard JJ.

Leave judgment - leave dismissed

BENJAMIN EUGENE MANUEL (ALSO KNOWN AS EUGENE BENJAMIN MANUEL) V THE SUPERINTENDENT, HAWKES BAY REGIONAL PRISON SC CIV SC 5/2004 3 August 2004

 

 

Case Number CRI 4/2004  
Case Name Leonard Murray Rohrlach
Summary Criminal appeal against conviction - Whether trial counsel error amounted to a miscarriage of justice - Whether s344A application should have been opposed by defence counsel - Whether complainant should have been cross-examined in relation to medical and ESR evidence - Whether detective should have been cross-examined in relation to record of appellant's statements - Whether appellant able to make informed decision about giving evidence at trial.

CA272/03 28 April 2004

Result 30 June 2004 - No jurisdiction to entertain appeal as no consent from respondent pursuant to Section 51 (2) (d).
Judgment appealed from not publicly available

 

 

Case Number CIV 4/2004  
Case Name Westfield (New Zealand) Limited and Northcote Mainstreet Incorporated v North Shore City Council and Discount Brands Limited.
Summary Civil appeal - resource management - application for consent for non-complying activity - whether a decision to proceed on a non-notified basis is extraordinary - whether the correct standard of review of such a decision is to be in accordance with traditional Wednesbury principles - whether the cautionary approach discussed in Bayley v Manukau City Council (1999) NZLR 568 should be adopted in non-notification decisions - whether there was sufficient material before the Commissioners to enable them to conclude that the effects of the application would be more than de minimis.

CA 30/04 14 June 2004

Result 6 October 2004

Elias CJ; Tipping J

Leave to appeal granted.

6 October 2004

________________________________

The appeal is allowed. The order of the High Court is restored.

The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside.

Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.

19 April 2005

Judgment appealed from DISCOUNT BRANDS LIMITED V NORTHCOTE MAINSTREET INCORPORATED And Ors CA CA30/04    14 June 2004
Transcript

Hearing date : 6-8 December 2004

Hearing date : 21 September 2004

Leave judgment - leave granted

WESTFIELD NEW ZEALAND LIMITED And Anor V NORTH SHORE CITY COUNCIL And Anor SC SC4/04 [6 October 2004]

Substantive judgment

WESTFIELD (NEW ZEALAND) LIMITED And Anor V NORTH SHORE CITY COUNCIL And Anor SC SC   CIV 4/2004 [19 April 2005]

 

 

Case Number CRI 3/2004
Case Name

Pourshad Marco Arvand v The Queen

Summary
Result It was adjudged that  the application for leave to appeal be dismissed.
15 July 2004
Judgment appealed from not publicly available
Transcript

Hearing date : 7 July 2004

Elias CJ and Tipping J

Leave judgment - leave dismissed

POURSHAD MARCO ARVAND V R SC SC CRI 3/2004 [15 July 2004]

 

 

Case Number CIV 3/2004  
Case Name Jason Paul Burke v The Superintendent, Wellington Prison, The Parole Board and the Attorney-General.
Summary Habeas Corpus

CA 79/03 26 May 2004

Result Leave to appeal refused.

30 June 2004

Judgment appealed from JASON PAUL BURKE V SUPERINTENDENT OF WELLINGTON PRISON And Ors CA CA79/03 26 May 2004
Leave judgment - leave dismissed JASON PAUL BURKE V SUPERINTENDENT OF WELLINGTON PRISON And Anor SC SC CIV 3/2004   [30 June 2004]

 

 

Case Number CRI 2/2004  
Case Name Alan Ivo GREER
Summary Criminal appeal against conviction and sentence - whether conviction was against the weight of the evidence or unreasonable - whether the Court of Appeal failed to give the applicant a reasonable opportunity to be heard by refusing an application for an adjournment in order to facilitate further discovery.

CA 49/03 15 March 2004

Result Leave to appeal refused.

15 July 2004

Judgment appealed from NZLII : GREER v R [2004] NZCA 19 (15 March 2004)
Leave judgment - leave dismissed ALAN IVO GREER V R SC SC CRI 2/2004 [15 July 2004]

 

 

Case Number CIV 2/2004  
Case Name Peter Francis Urbani v Gillions and Sons Limited
Summary Civil appeal - standard to be applied by Court of Appeal in appeals from findings of fact whether the Court of Appeal should evaluate the relevant evidence and reach and express its own conclusions.

CA 56/03 1 April 2004

Result

Leave to appeal refused.

15 July 2004

_________________________

Decision on costs.

17 August 2004

Judgment appealed from

PETER FRANICS URBANI V GILLIONS AND SONS LIMITED CA CA56/03 1 April 2004

Transcript Hearing date : 13 July 2004
Leave judgment - leave dismissed PETER FRANCIS URBANI V GILLIONS AND SONS LIMITED SC SC CIV 2/2004 [15 July 2004]
Cost judgment URBANI V GILLIONS AND SONS LTD SC SC CIV 2/2004 17 August 2004

 

 

Case Number CIV 1/2004  
Case Name Francis Anthony Jew and Lilian Gail Godfrey as executors of the will of the late Eric Schroder and trustees of the Clevedon Trust.
Summary Challenge to court directions on trustees' duties in respect of Family Protection Act appeal where the trust is residuary beneficiary in the estate.

CA 241/03 26 February 2004

Result Leave to appeal refused.

6 May 2004

Judgment appealed from not publicly available
Leave judgment - leave dismissed FRANCIS ANTHONY JEW and LILIAN GAIL GODFREY, as Executors of the Will of the late ERIC SCHRODER and trustees of the CLEVEDON TRUST v SUSAN CATHERINE SCHRODER SC CIV 1 200   6 May 2004

 

 

Case Number CRI 1/2004  
Case Name Robert Frank TERRY
Summary Criminal appeal against conviction - whether Crown established elements of offence beyond reasonable doubt - whether appellant was misled or prejudiced by irregularity in initial information laid.

CA 460/03 6 April 2004

Result Leave to appeal refused.

15 July 2004

Judgment appealed from

NZLII : TERRY v R [2004] NZCA 48 (6 April 2004)

Leave judgment - leave dismissed ROBERT FRANK TERRY V R SC SC CRI 1/2004 [15 July 2004]