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Case information 2005

 

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Transcripts for cases heard before the Supreme Court are located under the relevant case summary provided they are not suppressed. Also included (again where suppression does not apply) under the case summary are the relevant judgments from the Supreme Court (leave, substantive and any other judgments), media releases plus judgments from the court appealed from.

Transcripts documents contain the transcripts of the hearings in the Supreme Court of New Zealand. The transcripts from appeals, heard from 1 July 2004 are published excluding cases where suppression bars publication. 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.   

Updated 30 June 2017

Case Number SC 75/2005  
Case Name Governors Ltd & Stephen Kevin Chamberlain v George Albert Anderson and others
Summary

Civil - business premises unlawfully re-entered by landlord - whether damages correctly assessed - whether Court of Appeal properly dismissed an application to produce further evidence, without allowing the applicants to be heard

CA 94/04 19 December 2005

Dates

Leave to appeal dismissed. 5 April 2006

 

Case Number SC 74/2005  
Case Name Phillip Edward Crooks v R
Summary

Criminal law - inducing and indecent act and indecent assault on a girl under 14 years - whether Court of Appeal judgment factually flawed - whether Court of Appeal finding that evidence of grooming complainant a "highly relevant aggravating feature" unreasonable having regard to the evidence (s24 Sentencing Act 2002).

CA 157/05 17 November 2005

Dates

Leave to appeal dismissed. 20 March 2006

 

Case Number SC 73/2005  
Case Name Waitakere City Council v Estate Homes Limited
Summary

Resource management - whether Court of Appeal erred in answering four questions of law - whether a subdivision consent application can be altered by the local authority, and granted subject to the alterations, as long as no prejudice arises to the applicant, other parties, or public - whether a consent can be granted subject to conditions more favourable than those applied for - whether Court of Appeal erred in finding that construction of road fell within s108(2)(c) RMA - whether Court of Appeal erred in finding that acquisition of centre part of road fell within s322(2)(a) Local Government Act 1974 - whether Court of Appeal erred in sending proceedings back to Environment Court.

CA 210/04 11 November 2005

Dates

Leave to appeal granted.

4 April 2006

_____________________________

The appeal is allowed. The judgment of the Court of Appeal is set aside. The appeal is referred back to the Environment Court to be determined in accordance with this judgment. Estate Homes must pay the Council costs in the sum of $10,000 plus reasonable disbursements. Costs in the other Courts are to be fixed by those Courts.

19 December 2006

Transcription Hearing dates : 11 and 12 July 2006

 

 

Case Number SC 72/2005  
Case Name Jason John Cumming v The Queen
Summary

Criminal appeal - whether the Court of Appeal erred in holding an accused should be allowed to invoke right of self-representation where their decision was "fully informed and deliberate" whether the trial judges summing up and other interventions during the course of the trial led to a miscarriage of justice.

CA 43/03 2 November 2005

Dates

Leave to appeal granted. 27 March 2006

Appeal Hearing 19 October 2006 and 28 February 2008
Decision Appeal allowed, conviction quashed. New trial ordered.
15 May 2008

 

Case Number SC 71/2005  
Case Name Portage Licensing Trust v Avondale Hotel No 1 Limited & Peninsula Motor Hotel Limited
Summary

Civil appeal - whether the Court of Appeal erred in determining the proper basis for the implication of terms in a lease contract - whether the Court of Appeal's approach is consistent with its judgment in Vickery v Waitaki International Ltd [1992] 2 NZLR 58.

CA 142/04 2 November 2005

Dates

Leave to appeal dismissed. 1 March 2006

 

Case Number SC 70/2005  
Case Name Malcom Alan Francis v The Queen
Summary

Criminal Law - alleged counsel error - whether the accused’s failure to give evidence at trial led to a miscarriage of justice - whether the admission of certain evidence at trial led to a miscarriage of justice.

CA 186/03 7 July 2004

Dates

Leave to appeal dismissed. 13 February 2006

 

Case Number SC 69/2005  
Case Name Swetman and Westham Holdings Limited v Globe Holdings Limited
Summary

Civil appeal - summary judgment - sale and purchase of land - whether the Court of Appeal erred in holding that s225(1) of the Resource Management Act did not apply - whether the Court of Appeal erred in finding that the Appellants' failure to settle constituted a breach - whether the Court of Appeal erred in refusing to acept new evidence - whether the Court of Appeal misdirected itself as to the applicable principles of law.

CA 81/05 17 October 2005

Dates

Leave to appeal dismissed. 27 March 2006

 

Case Number SC 68/2005  
Case Name Roger Wilson Steele and Christine Lynne Roberts v Eleftarious Serepisos
Summary

Civil appeal – whether the vendor subdivider was entitled to bring the contract to an end or treat it as at an end because the provisions of s 225 of the Resource Management Act 1991 had not been fulfilled within a reasonable time - whether the vendor was obliged to give the purchaser notice of their intention to bring the contract to an end or allow the purchaser an opportunity fulfil the conditions of s 225 of the Act.

CA 203/04 12 October 2005

Dates

Leave to appeal granted to appellant and respondent. 15 February 2006

Appeal Hearing Date 23 May 2006
Decision reserved

Decision The appeal is allowed.
The cross-appeal is dismissed.
The orders made by the Court of Appeal are set aside.
In their place we make an order for the entry of judgment in the High Court in favour of the appellants.
The appellants are to have costs in the High Court as fixed by that Court in the light of this judgment, and in the Court of Appeal the appellants are to have costs of $6,000 plus disbursements, to be fixed if necessary by the Registrar of that Court.
The appellants are to have costs in this Court of $15,000 plus disbursements, to be fixed if necessary by the Registrar of this Court.

4 September 2006

 

Case Number SC 67/2005  
Case Name Akeel Hasan Abbas Al Biatty v The Queen
Summary

Criminal Law - whether the Court of Appeal erred in holding that 1) the trial Judge's summing up was not biased; 2) the jury was not placed under improper time pressure to return a verdict; 3) a sentence of preventive detention with a minimum non-parole period of seven years was not manifestly excessive.

CA 120/05 17 October 2005

Dates

Leave to appeal dismissed. 16 December 2005

 

Case Number SC 66/2005  
Case Name Robert John Condon v The Queen
Summary

Criminal appeal - trial judge's refusal to grant adjournment following withdrawal of counsel leading to accused representing himself at trial - accused convicted and sentenced to imprisonment - whether breach of Sentencing Act 2002, s 30(1) or New Zealand Bill of Rights Act 1990, s 24 - applicant seeking leave to appeal out of time

CA 373/03 21 July 2004

Result

Leave to appeal granted 27 March 2006

Transcription

Hearing date : 27 March 2006

 

 

Case Number SC 65/2005  
Case Name Devanand Solanki v The Queen
Summary

Criminal law - “ assault on a child - whether the Court of Appeal erred in holding that the evidence of the complainant's mother was undisputed - “ trial Judge indicated that a mere touching of the complainant might constitute an assault, and that the jury would have to be so informed.

CA 106/05 6 September 2005

Dates

Leave to appeal refused. 22 November 2005

 

Case Number SC 64/2005  
Case Name Eastern Services Limited v No 68 Limited
Summary

Civil appeal -whether the Court of Appeal erred in finding that the respondent's claim was not time-barred by the Limitation Act 1950 or by analogy with that section - whether statutory limitation periods are relevant to the Court's discretion in the exercise of the equitable defence of laches -“ whether the Court of Appeal erred in their statement of the test for laches.

CA 173/04 20 September 2005

Dates

Leave to appeal granted. 9 December 2005

 

Case Number SC 63/2005  
Case Name Brett Lionel Allison v The Queen
Summary

Criminal law - whether the Court of Appeal erred in holding that the High Court judge’s finding (that the Crown had proved beyond a reasonable doubt that certain cash was the proceeds of a serious offence or offences) was supported by the evidence - requirements of s257A(2) Crimes Act 1961.

CA 20/05 15 August 2005

Dates

Leave to appeal dismmised. 16 December 2005

 

Case Number SC 62/2005  
Case Name Robert Arthur Felton and Norah Isabel Felton and others v Annette Frances Johnson
Summary

Relationship property agreement between spouses that has the effect of defeating the creditors of either spouse - whether application to avoid agreement must be made within a two-year limitation period – Property (Relationships) Act 1976, s 47(2)

CA 40/04 12 September 2005

Result

Leave to appeal granted.

8 December 2005

Transcript

Hearing date : 24 February 2006

 

 

Case Number SC 61/2005  
Case Name Frederickus Petrus Maria Van Brandenberg v MacGregor Robin Muir and Rosemary Ellen Muir
Summary Civil – District Court Judge acting as an arbitrator - whether Judge’s status conferred upon the parties the benefits of public funding and public facilities in the resolution of their dispute – whether non-statutory rights can be granted to a judicial officer.

CA 46/04 6 September 2005

Dates

Notice of abandonment being lodged, the appeal is deemed to be dismissed. 8 November 2005

 

Case Number SC 60/2005  
Case Name Donald Eugene Allen v The Commissioner of Inland Revenue
Summary Civil appeal - whether the Court of Appeal erred in their interpretation of ss 138B and 89D of the Tax Administration Act 1994 (˜the Act"), which regulate the process which a taxpayer is required to follow if he or she wishes to challenge a default assessment made by a Commissioner under s 106 of the Act - whether the Court was in error in concluding that the Taxation Review Authority had power to strike out the challenge under s 138H of the Act.

CA 204/04 8 September 2005

Result

Leave to appeal granted.

8 December 2005

Transcript

Hearing date : 28 February 2006

 

 

Case Number SC 59/2005  
Case Name John Patrick Round v The Queen
Summary Criminal - whether counsel's alleged failures in cross-examination of the complainant, and not forcefully advising the applicant to give evidence led to a real risk of an unsafe verdict.

CA 125/05 29 August 2005

Dates

Leave to appeal dismissed. 24 November 2005

 

Case Number SC 58/2005  
Case Name Paul Rodney Hansen v The Queen
Summary Criminal appeal against conviction - possession of cannabis for supply - burden on accused to rebut presumption of possession for supply - whether accused must rebut presumption on the balance of probabilities or merely raise a reasonable doubt - Misuse of Drugs Act 1975, s 6(6).
Dates

Leave to appeal granted.

24 November 2005

___________________________________

Appeal dismissed.

20 February 2007

Transcript

Hearing date : 22 February 2006

Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ.

 

 

Case Number SC 57/2005  
Case Name Telecom Mobile Limited v Commerce Commission
Summary Cellphone marketing - whether the applicant's contractual arrangements are subject to the Door to Door Sales Act - whether the applicant's contractual arrangements had the purpose or effect of preventing the operation of the Act by hiding from consumers the reality as to their true rights of cancellation - summary judgment given by Court of Appeal.

CA148/04 25 August 2005

Result

Leave to appeal granted.

23 November 2005

Transcript

Hearing date : 9 February 2006

 

 

Case Number SC 56/2005  
Case Name S v C
Summary Civil appeal - whether the Court of Appeal erred in concluding that an order by the Family Court for the appointment of the respondent as counsel to represent children is an interlocutory order - whether the leave of the Family Court is necessary before an appeal against such an order may be taken in the High Court.

CA 116/05 18 August 2005

Dates

Leave to appeal refused. 25 October 2005

 

Case Number SC 55/2005  
Case Name Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen
Summary Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause.

CA 266/04 15 August 2005

Dates

Leave to appeal refused. 3 November 2005

 

 

Case Number SC 54/2005  
Case Name The Attorney-General v QBE Insurance
Summary Insurance - QBE insured Ministry of Agriculture and Fisheries under successive 12-month "claims-made" policies - circumstances giving rise to claim occurring under 1998-1999 policy, but claim made under subsequent policy - whether circumstances were notified, or required to be notified, to QBE before expiry of policy – whether QBE estopped from asserting that circumstances were notified, or required to be notified, before expiry - whether policies subject to implied term

CA 174/04 3 August 2004

Result Leave to appeal dismissed.
10 March 2006
Transcript Hearing date : 27 February 2006

 

 

Case Number SC 53/2005  
Case Name Wholesale Distributors Limited v Gibbons Holdings Limited
Summary

Construction of lease documents – whether the Court of Appeal erred in finding that the appellant was bound to meet the contractual obligations of the sub-lessee under the deed of assignment of lease -“ whether the Court of Appeal erred in focusing on the purpose of the parties - “ legal effect of provisions used to avoid the grant of a sub-lease which operates as an assignment of the headlease.

CA 102/04 28 July 2005

Result

Leave to appeal granted

1 December 2005

___________________________

The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.

30 May 2007

Transcript

Hearing date : 1 December 2005

Hearing date : 7 March 2006

 

 

Case Number SC 52/2005  
Case Name Noel Clement Rogers v The Queen
Summary Criminal appeal - whether the Court erred in finding post arrest statements by the accused admissible - whether allowing the statements to be admitted is inconsistent with ss 23 and 24 of the New Zealand Bill of Rights Act 1990 - whether, no appeal having been heard by the Court of Appeal, this is an appropriate case to "leap frog" under s 14 of the Supreme Court Act 2003 .

CRI 2004 004 013121 2 August 2005

Dates

Notice of abandonment being lodged, the appeal is deemed to be dismissed. 29 September 2005

 

Case Number SC 51/2005  
Case Name Klaus Lower v Gary Traveller and John Anthony Waller
Summary Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .

CA 36/04 26 July 2005

Dates

Leave to appeal granted.

2 December 2005

Transcript

Hearing date : 2 December 2005

 

 

Case Number SC 50/2005  
Case Name Alain Michael Mafart and Dominique Angela Francoise Prieur v Television New Zealand Limited
Summary Leave to search, inspect and copy criminal records held by the High Court - videotape of Rainbow Warrior proceedings - jurisdiction of Court of Appeal - whether application for leave to search is civil or criminal - whether Court of Appeal jurisdiction precluded by the Judicature Act 1908, s 66.

CA 92/05 4 August 2005

Result

Leave to appeal granted

21 September 2005

Transcript

Hearing date : 22 November 2005

 

 

Case Number SC 49/2005  
Case Name L v The Queen
Summary Criminal appeal against conviction - appellant convicted of sexual violation and attempted sexual violation - whether the Court of Appeal erred in finding that the trial Judge did not misdirect the jury - whether the Court of Appeal erred in finding the verdicts were capable of being supported by the evidence – whether the Court of Appeal erred in the standard required for an attempt.

CA 115/05 18 July 2005

Result

Leave to appeal granted

7 October 2005

Transcript

Hearing date : 14 December 2005

 

 

Case Number SC 48/2005  
Case Name Richard Geoffrey Bull v The Queen
Summary Criminal law - whether defence counsel conduct resulted in a miscarriage of justice - whether total sentence of 12 years’ imprisonment was manifestly excessive. .

CA 143/04 8 November 2004

Dates

Leave to appeal dimissed. 8 December 2005

 

Case Number SC 47/2005  
Case Name Neil Martin Clarke v The Queen
Summary Appeal against summary conviction and sentence - whether a trespass notice issued against the appellant was invalid - whether there was counsel error in the conduct of the appeal to the Court of Appeal.

CRI 2003 485 00028 15 April 2004

Dates

Leave to appeal dismissed

29 August 2005

 

Case Number SC 46/2005  
Case Name Roger John Payne v Jeanette Rosslyn Payne
Summary Application for injunction to prevent sale of house - whether abuse of process .

CA 239/04 CA 63/05 25 May 2005

Dates

Application for leave to appeal dismissed 28 July 2005

 

Case Number SC 45/2005  
Case Name Richard Shane Keenan v The Queen
Summary Appeal against sentence - possession of a Class A controlled drug - whether Court of Appeal properly assessed starting point in sentencing.

CA 425/04 23 June 2005

Dates

Leave to appeal dismissed. 7 September 2005

 

Case Number SC 44/2005  
Case Name Colyn David Stoves v The Queen
Summary Criminal appeal - whether the Court of Appeal erred in failing to give sufficient weight to the delay between conviction and sentencing in assessing the applicant’s appeal against sentence - whether the Court of Appeal wrongly concluded that the Crown was not obliged to make an application under s 344A of the Crimes Act when advised that the admissibility of certain evidence was to be challenged by the applicant .

CA 457/04 24 May 2005

Dates

Leave to appeal dismissed. 22 September 2005

 

Case Number SC 43/2005  
Case Name David Freuan v The Queen
Summary Criminal Law - “ whether a comment by a trial judge describing portions of an out of court statement as "self-serving" during evidence, necessitates a jury direction that "the whole of a mixed out of court statement is evidence of the facts stated".

CA 73/05 22 June 2005

Dates

Leave to appeal dismissed. 7 September 2005

 

Case Number SC 42/2005  
Case Name Scott Simeon Thompson v The Queen
Summary Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct.

CA 445/04 16 June 2005

Result

Leave to appeal granted.

22 September 2005

Transcript

Hearing date : 13 December 2005

 

 

Case Number SC 41/2005  
Case Name ANZO Foods Waitara Limited, Itoham New Zealand Limited & Riverlands Limited v Affco New Zealand Limited
Summary Encumbrance - interpretation - whether certain meat processing activity within terms of encumbrance - competition law - whether encumbrance prohibited by Commerce Act 1986, sections 27 and 28.

CA 181/04 23 June 2005

Dates

For hearing 26 July 2005. Notice of abandonment being lodged the appeal is deemed to be dismissed.1 August 2005.

 

Case Number SC 40/2005  
Case Name Allistair Patrick Brooker v The Queen
Summary Appeal against conviction “ disorderly conduct - whether Court of Appeal applied the correct standard for "disorderly conduct" - s4(1)(a) Summary Offences Act “ right to protest.
CA 441/03 24 August 2004
Result

Leave to appeal granted.

31 August 2005

___________________________

Appeal Allowed. Conviction set aside.

4 May 2007

Transcript Hearing date : 7 December 2005

 

 

Case Number SC 39/2005  
Case Name Transotway Limited v Iain Bruce Shephard and Christine Margaret Dunphy
Summary Civil appeal - whether the Court of Appeal arred in concluding that the discharge of a debt by way of set-off through provision of a client list to the applicant was "a payment of money" in terms of s 292(1)(e) of the Companies Act 1993 - whether s 310 of the Companies Act which provides for set-off of mutual debts in liquidation was applicable - whether a substance based approach, which considers the transaction in the context of the agreement as a whole, was applied.

CA 98/04 13 June 2005

Result

Leave to appeal granted.

31 August 2005

Transcript

Hearing date : 11 November 2005

 

 

Case Number SC 38/2005  
Case Name Pimthong Udompun v Minister of Immigration and New Zealand Police
Summary Bill of Rights - Whether a failure to make a properly qualified interpreter available is a breach of s27(1) NZBORA - Whether the handing to a detainee a form in the detainee's native language setting out her NZBORA rights satisfied her rights under s23(1) - Whether a Baigent's award of $4000 for breach of s23(5) NZBORA is distinctly inadequate in the circumstances - Whether, having established a breach of the NZBORA, the authority concerned should fully meet reasonable indemnity costs and disbursements - Whether award should be with interest from the date of the breach.

CA 244/03 26 May 2005

Result

Application for leave to appeal is dismissed.

9 February 2006

Transcript

Hearing date : 3 February 2006

 

 

Case Number SC 37/2005  
Case Name Body Corporate No 164980 v Paul John Velich
Summary Unit Titles Act 1972 - Whether a body corporate rule which replaces a default rule under the Act is ultra vires when it appreciably expands the existing powers and duties of the Body Corporate - What the proper test is for determining whether or not any particular rule is "incidental to existing powers or duties" - Whether the replacement rule in fact "appreciably" expanded the powers given to the Body Corporate under the existing default rule.

CA 116/04 19 May 2005

Dates

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

15 July 2005

 

 

Case Number SC 36/2005  
Case Name Ada Sharon Pue v The Queen
Summary Criminal appeal against sentence - whether well-being of offender’s school-age children given insufficient weight - whether minimum sentence of imprisonment justified under s 86(3) of the Sentencing Act 2002.

CA 78/04 19 May 2005

Dates

Leave to appeal dismissed. 10 August 2005

 

Case Number SC 35/2005  
Case Name Gulf Harbour Investments Limited v Gulf Corporation Limited & Auckland Property Group Limited
Summary Civil appeal - whether the Court of Appeal erred in finding that there had been no valid exercise of an option requiring the transfer of certain land - whether the Court should have departed from the approach in Reporoa Stores Ltd v Treloar and adopted the test of whether a reasonable person would have fairly understood the option to have been exercised.

CA 145/04 25 May 2005

Dates Leave to appeal granted. 8 July 2005

 

Case Number SC 34/2005  
Case Name Paul Burke and Gillian Burke v The Western Bay of Plenty District Council
Summary Enforcement of contracts - whether there was an agreement to pay the compensation claimed. Supreme Court procedure - whether there a re exceptional circumstances justifying the granting of leave to appeal pursuant to s 14 Supreme Court Act 2003, in circumstances where the Court of Appeal has declined leave to appeal to that Court .

CIV 2003 470 356, 18 September 2004

Dates Leave to appeal dismissed. Costs to respondent $2,000 plus disbursement is to be fixed if necessary.
13 July 2005

 

Case Number SC 33/2005  
Case Name David John Young v Land Transport Safety Authority
Summary Criminal appeal - appeal against the decision of the High Court - leave to appeal refused by the Court of Appeal - whether defence of self-defence correctly applied to facts.

CRI 2004 409 000196, 29 November 2004

Dates Leave to appeal dismissed.

 

Case Number SC 32/2005  
Case Name M & F v The Queen
Summary Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A (1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted.

CRI 2003 009 012476, 11 March 2005

Dates Leave to appeal dismissed.
27 July 2005 PDF 15kb

 

Case Number SC 31/2005  
Case Name Ramon Dirk Johannes de Mey v The Queen
Summary Criminal appeal - appeal against decision of the Court of Appeal upholding conviction for common assault - whether there was a miscarriage of justice resulting from insufficient evidence to support the jury's verdict.

CA 169/04 17 December 2004

Dates Leave to appeal dismissed.
29 June 2005 PDF 15kb

 

Case Number SC 30/2005  
Case Name McGrath & Forde v The Queen
Summary Whether the applicant should be permitted to make an application for leave for direct appeal from the High Court to the Supreme Court out of time - whether the Court of Appeal wrongly held in an application for leave to appeal similar to that of the applicant that the Court had no jurisdiction to hear the appeal under s 379A(1)(aa) of the Crimes Act 1961 because, in substance, the application did not involve a challenge to the admissibility of evidence - whether the High Court judge erred in ruling certain evidence admissible despite the applicant's submission that the quality of the evidence had been affected by the way in which it was obtained - whether the High Court judge erred in refusing to grant severance and in determining the degree of evidence as to collusion or contamination required before severance will be granted.

CRI 2004 009 002464, 11 March 2005

Dates Leave to appeal dismissed.
27 July 2005 PDF 20kb

 

Case Number SC 29/2005  
Case Name Anton Mark Le Page v The Queen
Summary Criminal Law - when an appeal against conviction can lie where the appellant has entered a guilty plea and been sentenced.

CA 297/04 28 April 2005

Dates Leave to appeal dismissed.
14 July 2005 PDF 16kb

 

Case Number SC 28/2005  
Case Name Bridgecorp Finance Limited v The Proprietors of Matauri X Incorporated
Summary Civil appeal - appeal against decision of the Court of Appel - whether the effect of s358A of the Te Ture Whenua Maori Act 1993 was to restrict a Maori Incorporation's powers to its objects, such that there was a restriction on the Respondent's power to borrow - further seeks declaration that the mortgage is nonetheless enforceable under the Land Transfer Act 1952 and the principle of indefeasibility.

CA 8/04 3 May 2005

Dates

Leave to appeal granted.
2 June 2005 PDF 14kb

A notice of abandonment having been lodged, the appeal is deemed to
be dismissed.
6 November 2006

 

Case Number SC 27/2005  
Case Name Dr C v Complaints Assessment Committee
Summary

Summary Civil appeal - privilege - medical practitioners - whether sections 32 and 35 of the Evidence Amendment Act (No 2) 1980 apply to proceedings before the Medical Practitioners Disciplinary Tribunal under the Medical Practitioners Act 1995 - whether waiver of privilege.
CA 198/04 19 April 2005

Result

Leave to appeal granted. Costs to the appellant of $3000 plus disbursements to be fixed by the Registrar in absence of agreement.
22 August 2005

_________________________

A. The appeal is allowed to the extent set out in order C only.
B. The setting aside of the order made in the High Court is affirmed.
C. C's application for disclosure is referred back to the Medical Practitioners Disciplinary Tribunal for re-hearing in the light of the directions given in the reasons of the majority judgment. The directions given by the Court of Appeal are set aside.
The appellant must pay the costs of the Complaints Assessment Committee in the Court of Appeal as ordered in that Court. In this Court the respondent must pay the appellant's costs fixed at $10,000 together with disbursements to be fixed if necessary by the Registrar.

29 June 2006

Transcript

Hearing date : 17 August 2005

Hearing date : 15 December 2005

 

 

Case Number SC 26/2005  
Case Name Casata Limited v General Distributors Limited
Summary Civil appeal - whether the Court of Appeal erred in its interpretation of the costs regime under the Arbitration Act 1996 - whether the Court of Appeal held correctly that the arbitral tribunal had erred in law in not considering party costs in the reward.

CA 84/04 13 April 2005

Result Leave to appeal granted.

6 July 2005

________________

The appeal is dismissed.
15 March 2006

Transcript

Hearing date : 5 July 2005

Hearing date : 18 October 2005

 

 

Case Number SC 25/2005  
Case Name Peter Joseph Thompson v The Queen
Summary Substitution of convictions by an appellate court - whether the elements of s246(1) Crimes Act (before amendment) go beyond those contained in s229A Crimes Act (now repealed).

CA 404/04 27 April 2005

Dates Leave to appeal dismissed.
23 August 2005
Transcript

Hearing date : 16 August 2005

 

 

Case Number SC 24/2005  
Case Name Ramon Dirk Johannes de Mey v The Queen
Summary Criminal appeal - appeal against decision of the Court of Appeal upholding conviction for common assault - whether there was a miscarriage of justice resulting from insufficient evidence to support the jury's verdict.

CA 169/04 17 December 2004

CA 44/05 28 April 2005

Dates Leave to appeal refused
20 May 2005 PDF 15kb

 

Case Number SC 23/2005  
Case Name Robert Frank Terry v The Queen
Summary Criminal appeal against conviction - forensic analysis report only disclosed to defence at time of trial - effect of late disclosure.

CA 490/04 20 April 2005

Dates Leave to appeal dismissed.
23 June 2005 PDF 13kb

 

Case Number SC 22/2005  
Case Name Graham Thomas Rowe v The Queen
Summary Appeal against conviction for offensive behaviour under s 4(1)(a) of the Summary Offences Act 1981 - whether the appellant's behaviour was sufficiently observable to amount to offensive behaviour - whether the court's finding was possible only with recourse to inadmissible prior conduct evidence - whether the absence of a legitimate purpose may be taken into account in determining whether behaviour is offensive - whether a police officer is a competent complainant in a prosecution for offensive behaviour.

CA 374/04 18 April 2005

Dates

Leave to appeal dismissed.

23 June 2005

 

Case Number SC 21/2005  
Case Name Peter Neil Campbell v The Superintendent, Wellington Prison
Summary Habeas Corpus - whether an order made by the Parole Board under s107 Parole Act 2002 that the appellant not be released until 3 months prior to his sentence expiry date was rendered unlawful by a failure to comply with the statutory procedural requirement of s107 Parole Act to review this decision, and other procedural requirements - whether, and to what extent, the New Zealand Bill of Rights Act effects these issues - whether subsection (8) of s107 Parole Act is dominant to subsection (6).

CA 3/05 14 February 2005

Dates Leave to appeal dismissed.
5 May 2005 PDF 15kb

 

Case Number SC 20/2005  
Case Name Krishan Jaichandre Kanhai v The Queen
Summary Leapfrog criminal appeal against conviction - alleged radical error of counsel in not adducing evidence of good character giving rise to a substantial miscarriage of justice - leave application made out of time - application for extension of time.

CA 55/04 15 December 2004

Dates Leave to appeal dismissed.
11 May 2005 PDF 20kb

 

Case Number SC 19/2005  
Case Name Chamberlains v Sun Poi Lai and Hilda Lorraine Lai
Summary Civil appeal - whether barristerial immunity from suit for negligence should be abolished - whether abolition should be prospective only effect of s 61 of the Law Practitioners Act 1982.

CA 15/03 8 March 2005

Result Leave to appeal granted.

13 June 2005

______________________

The appeal is dismissed.
The appellants must pay the respondents $30,000 in costs together with disbursements, to be fixed if necessary by the Registrar.

11 September 2006

Transcript Hearing date : 18 - 20 October 2005

 

 

Case Number SC 18/2005  
Case Name Motorcorp Holdings Ltd and Others v CIR
Summary Civil appeal - whether reimbursement payments by overseas car manufacturers to New Zealand distributors were payments under contracts of insurance for the purposes of the Goods and Services Tax Act 1985 - whether there was a supply for GST purposes - whether the decision in Suzuki NZ Ltd v CIR (2001) 20 NZTC 17, 096 should be revisited.

CA 17/04 7 March 2005

Dates Leave to appeal refused.
1 June 2005 PDF 19kb

 

Case Number SC 17/2005  
Case Name Edwin Christopher Brown v The Attorney-General
Summary Bill of Rights - compensation for breach of rights under the New Zealand Bill of Rights Act 1990 - whether decision of the Auckland District Legal Services Subcommittee refusing to grant legal aid approval for the purposes of instructing forensic experts in Australia was unlawful or unreasonable - if so, whether the appellant's trial was unfair as a result - whether compensation appropriate - quantum of compensation.

CA 39/03 3 March 2005

Result

Leave to appeal is dismissed. Any question of costs are reserved.
29 August 2005

Transcript

Hearing date 17 August 2005

 

 

Case Number SC 16/2005  
Case Name Benjamin Turrei Brooking v The Queen
Summary Criminal appeal - appeal against the decision of the Court of Appeal quashing a sentence of six years imprisonment and substituting a sentence of eight years nine months - whether the Court erred in principle in holding that in the District Court the Judge failed to take into account offending other than burglaries.

CA 419/04 7 March 2005

Dates Leave to appeal refused.
31 May 2005 PDF 15kb

 

Case Number SC 15/2005  
Case Name Todd O'Hara v The Queen
Summary Criminal appeal against conviction - admissibility of evidence of partial or qualified identification of accused from identification parade - whether misdirection by trial judge in suggesting positive identification had been made.

CA 368/04 14 March 2004

Result Leave to appeal refused.
7 July 2005
Transcript Hearing date : 7 July 2005

 

 

Case Number SC 14/2005  
Case Name Peterson Portable Sawing Systems Ltd & Carl James Peterson v Rex Cameron Lucas & G W Lucas & Sons Pty Ltd
Summary Civil appeal - Patents Act 1953 - whether the Court adopted the correct principles for the construction of the patent specification - whether the Court applied the proper test for assessing obviousness and made the appropriate distinction between novelty and obviousness - proper application of the Windsurfing International Inc v Tabur Marine (Great Britain) Ltd [1985] RPC 59 analysis.

CA 64/03 4 March 2005

Dates Leave to appeal granted.

25 July 2005

_________________

The appeal is allowed.
30 March 2006

 

Transcript Hearing date : 21 July 2005

 

 

Case Number SC 13/2005  
Case Name Kenneth Christopher Morgan v The Superintendent, Rimutaka Prison
Summary Habeas Corpus - whether the Parole Act 2002 applies on its terms to a person convicted prior to its enactment, but sentenced after its enactment - meaning of "penalty" in terms of s6 Sentencing Act 2002.

CA 17/05 7 March 2005

Transcript Hearing date : 14 April 2005
Result Leave to appeal granted. Appeal dismissed.
19 May 2005

 

 

Case Number SC 12/2005  
Case Name Basil Steven Marshall Mist v The Queen
Summary Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing.

CA 480/03 25 February 2005

Result Leave to appeal granted.

31 May 2005

_________________________

Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.
1 December 2005

Transcription Hearing date : 9 August 2005

 

 

Case Number SC 11/2005  
Case Name James Alfred Hood, Robert George Hood, Kenneth John Hood v The Attorney-General and The Queenstown Lakes District Council
Summary Civil appeal - land compulsorily acquired for public works no longer required - whether unreasonable or unfair to offer land back under s 40(2) Public Works Act 1981 - decision made by Minister other than the Minister empowered by statute - whether decision validated by s 25(e) Acts Interpretation Act 1924.

CA 257/04 21 October 2004

Result Leave to appeal declined. Costs to respondents $2,500 together with disbursements as settled by the Registrar.
5 August 2005
Transcript Hearing date : 21 July 2005

 

 

Case Number SC 10/2005  
Case Name Fa'afete Taito v The Queen
Summary Appeal against conviction for aggravated robbery - whether the absence of a transcript of the Judge's summing up; alleged counsel incompetence; the size of the jury panel, and the manner in which the jury was empanelled give rise to a substantial miscarriage of justice - whether the approach to the question of undue delay was erroneous in law.

CA 257/04 21 October 2004

Dates Leave to appeal dismissed.
17 June 2005 PDF 16kb

 

Case Number SC 9/2005  
Case Name Lesley Jane Martin
Summary Appeal against conviction for attempted murder - whether the Court of Appeal's application of the proviso in s385(1) Crimes Act 1961 was erroneous in law or in fact - whether breach of the right to fair trial, as guaranteed by the New Zealand Bill of Rights Act 1990, is so fundamental a breach that it will ipso facto give rise to a substantial miscarriage of justice.

CA 257/04 21 October 2004

Transcript Hearing date : 10 June 2005
Result Leave to appeal refused.
15 June 2005

 

 

Case Number SC 8/2005  
Case Name Roger John Payne v Jeanette Rosslyn Payne
Summary Matrimonial property division - order for sale of property to enforce earlier High Court orders for payments by the appellant to the respondent - appeal from decision of the Court of Appeal dismissing an application for a stay of orders for the sale of the appellant's house - whether payment by the appellant in the amount of the value of a half share in the marital home entitles the appellant to the immediate transfer to him of that interest - whether the Court should exercise its residual power to reopen the appellant's litigation.

CA 257/04 21 October 2004

Dates Leave to appeal refused.
The stay order made by this Court on 11 March 2005 is set aside.
18 March 2005 PDF 15kb

 

Case Number SC 7/2005  
Case Name Bernard John Pavitt v The Queen
Summary Criminal appeal against conviction for aggravated robbery - whether colour of right - whether evidence inadmissable as unfairly obtained - burden of proof - whether misdirection by trial judge in telling jury that two others involved in the offending had also been charged.

CA 257/04 21 October 2004

Dates Leave to appeal refused.
10 May 2005 PDF 15kb

 

Case Number SC 6/2005  
Case Name Allan Kendrick Dean v The Queen
Summary Criminal Appeal - whether sentence of preventive detention should have been imposed - whether there has been unlawful appellate delay or breach of the New Zealand Bill of Rights Act 1990 - whether a substantial miscarriage of justice has resulted.

CA 172/03 17 December 2004

Dates Leave to appeal dismissed.
10 June 2005 PDF 15kb

 

Case Number SC 5/2005  
Case Name Abhirama Sundari Sivasubramanium v Tony Harry Yarrall
Summary Accident Compensation - whether the death of foetus in utero amountsto a personal injury suffered by the mother for the purpose of theInjury Prevention Rehabilitation and Compensation Act 2001 - whetherthere are exceptional circumstance justifying taking the appealdirectly to the Supreme Court in terms of s14 of the Supreme Court Act2003.

CIV 2004040485-464 21 December 2004

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

10 June 2005

 

 

 

 

Case Number SC 4/2005  
Case Name Lynda Jean Whyman v Public Trust
Summary Civil appeal - Property (Relationships) Act - appeal against the decision of the Court of Appeal allowing an appeal against the High Court's decision granting letters of administration to the respondent - interpretation of s 88(2) allowing the Court to grant leave only if it is satisfied that refusing leave would cause serious injustice - whether the choice of option B under s 61, under which the surviving spouse or de facto partner chooses not to make an application under the Act, means that there would be no jurisdiction for the Court to grant leave under s 88(2) to the administrator of the deceased's estate to entertain an application under s 25 for an order concerning the division of relationship property.

CA 76/04 17 December 2004

Dates Leave to appeal granted.
23 March 2005 PDF 14kb
Appeal Hearing Date 7 October 2005
Decision Notice of abandonment being lodged, the appeal is deemed to be dismissed.

 

Case Number SC 3/2005  
Case Name Joseph Coleman v The Queen
Summary Criminal Appeal against conviction for murder - whether otherwise inadmissible hearsay evidence became admissible due to counsels' consent.

CA180/04 15 December 2004

Dates Leave to appeal refused.
23 March 2005 PDF 15kb

 

Case Number SC 2/2005  
Case Name Jarod Peter Hester and others v The Commissioner of Inland Revenue
Summary Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities.

CA 6/04 14 December 2004

Transcript Hearing date : 21 April 2005
Result Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005

 

 

Case Number SSC 1/2005  
Case Name Norman William Jack and Judith Anne Jack v Murray Clive Guy
Summary Nature of contract - whether contract between parties was one of sale and purchase or one of agency - whether contract breached - whether contract terminated - on whom the burden of proof rests when a defence is raised under s7(3)(c) Contractual Remedies Act 1979.

CA164/03 1 December 2004       

Dates Leave to appeal refused.
11 March 2005 PDF 21kb