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Case information - leave to appeal dismissed 2016

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2016 Supreme Court cases where leave to appeal a judgment of a lower court was dismissed or deemed to be dismissed where a notice of abandonment was received.

Updated 21 December 2017

Case Number

SC 1/2016  

Case Name

Kerryn Mitchell v The Queen

Summary

Criminal appeal – Bail – Whether the Court of Appeal erred in dismissing the application for bail before the applicant had submitted further written submissions to that Court.

[2015] NZCA 634   CA 675/2015

Result

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

24 February 2016

Judgment appealed from

not available

 

  

Case Number

SC 2/2016  

Case Name

Peter Gerard Stockman v NZ Asscoiation of Counsellors Incorporated

Summary

Civil Appeal – Whether the Court of Appeal should have recalled its judgment ordering standard rather than indemnity costs – Whether judgments must directly refer to all submissions made by parties.

 [2015] NZCA 542   CA 669/2013

Results The application for leave to appeal is dismissed.
There is no order for costs.

29 February 2016

_____ 

A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.
B There is no order for costs.

7 April 2016

HC judgment

STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2013] NZHC 2267    2 September 2013

CA judgment 

NZ ASSOCIATION OF COUNSELLORS INC v STOCKMAN [2015] NZCA 542   12 November 2015

CA judgment appealed from 

NZ ASSOC OF COUNSELLORS INC V STOCKMAN [2015] NZCA 629    18 December 2015

Leave judgment - leave dismissed PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED  [2016] NZSC 18   29 February 2016
Recall judgment - recall dismissed PETER GERARD STOCKMAN v NEW ZEALAND ASSOCIATION OF COUNSELLORS INCORPORATED [2016] NZSC 35    7 April 2016

 

 

Case Number

SC 3/2016  

Case Name

William Yan and Wei You v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.               _

[2015] NZCA 576  CA 683/2014    

Result

Application for leave to appeal dismissed.

26  April 2016
Judgment appealed from

P (CA284/2015) v R [2016] NZCA 576   2 December 2016

Leave judgment - leave dismissed YAN v COMMISSIONER OF POLICE [2016] NZSC 41    26 April 2016

 

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Case Number

SC 4/2016  

Case Name

Zhihong Xu v Lijing Zeng v Commissioner of Police

Summary

Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.

[2015] NZCA 576  CA 684/2014                                                                   

Result

Application for leave to appeal dismissed.

26  April 2016
Judgment appealed from

P (CA284/2015) v R [2016] NZCA 576    2 December 2016

Leave judgment - leave dismissed YAN v COMMISSIONER OF POLICE [2016] NZSC 41   26 April 2016

 
 

 

Case Number

SC 5/2016  

Case Name

Kulbir Singh and Navjot Kaur v Chief Executive, Ministry of Busines, Innovation and Employment

Summary

Civil Appeal – Immigration Act, s 177 – Whether Court of Appeal interpreted s 177 Immigration Act correctly ­– Whether Court of Appeal applied the correct standard for unreasonableness to a deportation decision.

[2015] NZCA 592  CA 484/2014

Result

Application for leave to appeal dismissed.

19  April 2016
HC judgment

SINGH & KAUR v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT  [2014] NZHC 1916       14 August 2014

Judgment appealed from

SINGH v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2015] NZCA 592    8 December 2015

Leave judgment - leave dismissed

KULBIR SINGH AND NAVJOT KAUR v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZSC 39    19 April 2016
 

 

 

Case Number

SC 6/2016

Case Name

Garry Albert Muir and Peter Arnold Maude v Commissioner of Inland Revenue 

Summary Civil Appeal – Whether the applicants’ claims for tax deductions under sub-pt EH of the Income Tax Act 1994 are arguable ­– Whether the Court of Appeal erred in awarding indemnity costs.                                                                          
[2015] NZCA 591   CA276/2016
Result

A The application for leave to appeal is granted (Muir v Commissioner of Inland Revenue [2015] NZCA 591).
B The approved questions are whether the Court of Appeal was right:
(i) to find that the appellant could not arguably pursue claims for the 1999 and following tax years in reliance on sub-pt EH of the Income Tax Act 1994; and
(ii) to award costs on an indemnity basis against the appellant.

20 July 2016

______________

A The appellant’s application for leave to amend the grounds of appeal is dismissed.
B Leave to appeal is revoked.
C The appellant is to pay costs of $6,000 to the respondent, plus reasonable disbursements.

26 August 2016            

Hearing

22 August 2016

Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ.

HC judgment

Muir v Commissioner of Inland Revenue [2015] NZHC 792   22 April 2015

Judgment appealed from

Muir v Commissioner of Inland Revenue [2015] NZCA 591   8 December 2015

Leave judgment -  leave approved

GARRY ALBERT MUIR v THE COMMISSIONER OF INLAND REVENUE [2016] NZSC 90  20 July 2016

Leave to appeal revoked

GARRY ALBERT MUIR v THE COMMISSIONER OF INLAND REVENUE [2016] NZSC 113 26 August 2016

 

 

Case Number

SC 7/2016

Case Name

Douglas John Williamson v The Queen

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

 [2015] NZCA 621  CA 398/2014 

Result Application for leave to appeal dismissed.
26  April 2016
Judgment appealed from WILLIAMSON v R [2015] NZCA 621     18 December 2015
Leave judgment - leave dismissed DOUGLAS JOHN WILLIAMSON v R [2016] NZSC 42   26 April 2016
 

 

 

Case Number

SC 8/2016

Case Name

John Blackwood Williamson v The Queen 

Summary

Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.

[2015] NZCA 621  CA 399/2014

Result

Application for leave to appeal dismissed.

26  April 2016
Judgment appealed from

WILLIAMSON v R [2015] NZCA 621    18 December 2015

Leave judgment - leave dismissed DOUGLAS JOHN WILLIAMSON v R [2016] NZSC 42    26 April 2016

 

 

Case Number

SC 9/2016

Case Name

W v The Queen 

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.

[2011] NZCA 135  CA 591/2010

Result

A   An extension of time is granted.                                         
B  The application for leave to appeal is dismissed.  

2 May 2016                                                                                                       

Judgment appealed from

not available

Leave judgment - leave dismissed

IVAN JAMES WILSON v R [2016] NZSC 47     2 May 2016

 

 

Case Number

SC 13/2016

Case Name

Robert Erwood v The Official Assignee

Summary

Civil appeal – Whether the Court of Appeal overlooked material points and therefore erred in dismissing the application for extension of time and awarding costs against the applicant.

[2015] NZCA 620  CA 168/2015

Result The application for leave to appeal is dismissed.                   
16 May 2016
HC judgment Erwood v Official Assignee [2015]  NZHC 390     6 March 2015
HC recall judgment ERWOOD v OFFICIAL ASSIGNEE [2015] NZHC 912     4 May 2015
Judgment appealed from ERWOOD v THE OFFICIAL ASSIGNEE [2015] NZCA 620   18 December 2015
Leave judgment - leave dismissed ROBERT ERWOOD v THE OFFICIAL ASSIGNEE [2016] NZSC 54     16 May 2016

 

 

Case Number

SC 15/2016

Case Name

Mangawhai Ratepayers’ and Residents’ Association Inc v Kaipara District Council

Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of ss 117–120 of the Local Government Act 2002 – Whether the Court of Appeal erred in its interpretation of the scope of the Kaipara District Council (Validation of Rates and Other Matters) Act 2013 – Whether the Court of Appeal erred in awarding costs against the Association.

[2015] NZCA  612   CA 331/2014

Result A   The application for leave to appeal is dismissed.  
B   The applicant must pay costs of $2,500 to the respondent.       
3 May 2016
HC judgment

MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2014] NZHC 1147     28 May 2014

HC judgment

MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INC v KAIPARA DISTRICT COUNCIL [2014] NZHC 1742     25 July 2014

Judgment appealed from MANGAWHAI RATEPAYERS AND RESIDENTS ASSOCIATION INCORPORATED v KAIPARA DISTRICT COUNCIL [2015] NZCA 612     17 December 2015
Leave judgment - leave dismissed MANGAWHAI RATEPAYERS' AND RESIDENTS' ASSOCIATION INCORPORATED v KAIPARA
DISTRICT COUNCIL [2016] NZSC 48         3 May 2016

 

 

Case Number

SC 16/2016

Case Name

Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of a decision of the Registrar of that Court to refuse to dispense with security for costs in relation to an appeal to that Court. 

[2016] NZCA 3  CA 388/2015

Result A The application for leave to appeal is dismissed.
B Costs of $2,500 are to be paid by the applicant to the first respondent.
17 February 2017
Judgment appealed from

[2016] NZCA 3   Janine Davina Sax v Luke Andrew Simpson and Luke Andrew Simpson and Janine Davina Sax as Trustees of the Luke and Janine Simpsons Family Trust  27 January 2016 : not electronically available.

Leave judgment - leave dismissed JANINE DAVINA SAX v LUKE ANDREW SIMPSON [2017] NZSC 10   17 February 2017

 

 

Case Number

SC 18/2016

Case Name

Malcolm Edward Rabson v Wayne Seymour Chapman

Summary

Civil Appeal – Whether the Court of Appeal erred in ordering costs against the applicant. 

[2016] NZCA 45  CA 855/2012

Result A   The application for leave to appeal is dismissed.              
B   The applicant must pay the respondent costs of $2,500.
29 April 2016
HC judgment CHAPMAN v RABSON HC WN CIV 2012-485-2107     10 December 2012
CA judgment RABSON v CHAPMAN CA855/2012 [2014] NZCA 158    29 April 2014
Judgment appealed from RABSON V CHAPMAN [2016] NZCA 45    4 March 2016
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v WAYNE SEYMOUR CHAPMAN [2016] NZSC 45   29 April 2016

 

 

Case Number

SC 19/2016

Case Name

Graham D’Arcy-Smith v Natural Habitats Limited

Summary

Civil appeal – Whether the Employment Court erred in determining that the applicant was not an employee – Whether the Employment Court erred in not addressing a matter argued by the applicant.

[2015] NZEmpC 123  ARC 57/14

Result The application for leave to appeal is dismissed.
The applicant must pay costs of $500 to the respondent.
28 April 2016
Judgment appealed from GRAHAM D'ARCY-SMITH v NATURAL HABITATS LIMITED NZEmpC AUCKLAND [2015] NZEmpC 123    28 July 2015
Leave judgment - leave dismissed GRAHAM WILLIAM D'ARCY-SMITH v NATURAL HABITATS LIMITED [2016] NZSC 46    28 April 2016

 

 

Case Number

SC 20/2016

Case Name New Zealand Aluminium Smelters Limited v Weller & Ors
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 7A of the Holidays Act 1981. 

[2016] NZCA 19    CA 313/2014

Result A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
27 April 2016
Employment Court judgment

NEW ZEALAND ALUMINIUM SMELTERS LIMITED v WELLER and 63 others NZEmpC
CHRISTCHURCH [2014] NZEmpC 74       16 May 2014

Judgment appealed from NEW ZEALAND ALUMINIUM SMELTERS LIMITED v ANDREW WELLER AND 63 OTHERS
[2016] NZCA 19    22 February 2016
Leave judgment - leave dismissed NEW ZEALAND ALUMINIUM SMELTERS LTD v ANDREW WELLER & OTHERS [2016] NZSC 44
 27 April 2016

 

 

Case Number

SC 21/2016

Case Name John Morgan MacKenzie v The Attorney-General
Summary

Civil Appeal – Limitation Act 1950 – Whether the High Court erred in its interpretation of the Limitation Act 1950.   
[2015] NZHC 1876   CIV 2012-470-000977 

Result The application for leave to appeal is dismissed.                     
1 June 2016                                                                                           __
Judgment appealed from MACKENZIE v ATTORNEY-GENERAL [2015] NZHC 1876    11 August 2015
Leave judgment - leave dismissed JOHN MORGAN MACKENZIE v THE ATTORNEY-GENERAL [2016] NZSC 60    1 June 2016

 

 

Case Number

SC 22/2016

Case Name Isaac Paparoa v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a Minimum Period of Imprisonment.

[2015] NZCA 234  CA 389/2014

Result A  Extension of time for filing application for leave to appeal granted.
B  Application for leave to appeal dismissed.                           
30 May 2016                                                                                                                 __
Judgment appealed from THOMPSON & PAPAROA V R CA368/2014 [2015] NZCA 234    11 June 2015
Leave judgment - leave dismissed ISAAC PAPAROA v R [2016] NZSC 59     30 May 2016

 

 

Case Number

SC 25/2016

Case Name SL v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury 

 [2016] NZCA 48  CA 162/2015

Results

A Leave to appeal against conviction is granted to all applicants (JPC v R [2016] NZCA 48) (Ellen France P, Wild and Miller JJ).
B Subject to order C below, the approved question is whether the Court of Appeal should have allowed the applicants’ appeal against conviction.
C In relation to JPC's application for leave to appeal against conviction, the approved question is qualified so as to exclude his contention that the verdicts on one charge on which he was acquitted and another on which he was convicted were inconsistent.
D JPC’s application for leave to appeal against sentence is dismissed.

14 July 2016

__________________________

A notice of abandonment having been lodged, the appeal is deemed dismissed.
31 March 2017

Hearing

21 and 22 November 2016

William Young, Glazebrook, Arnold, O'Regan and McGrath JJ

Judgment appealed from

[2016] NZCA 48 CA 287/2015 CA 161/2015 not available

 

 

Case Number

SC 26/2016

Case Name KSC  v The Queen
Summary

Criminal Appeal – Misuse of Drugs Act 1975 – Whether the Court of Appeal erred in finding that the offence for controlled drug analogues is sufficiently certain to found a safe prosecution – Whether the Court of Appeal erred in finding that the Trial Judge’s directions were correct – Whether the Court of Appeal erred in regard to the mens rea requirements for the offence – Whether the Court of Appeal was correct in relation to the defences available to the applicants – Whether Court of Appeal erred in finding that the question whether a substance is a controlled drug analogue is one for the jury.

 [2016] NZCA 48  CA 356/2015

Result

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

15 April 2016
Judgment appealed from

[2016] NZCA 48  CA 356/2015 not available

 

 

Case Number

SC 29/2016

Case Name Anthony Pratt Kaye and Morva Kaye v Norris Ward McKinnon
Summary

Civil Appeal – Whether Court of Appeal erred in finding that the respondents had not breached duty of care – Whether Court of Appeal erred in finding that the respondents had not caused the applicants any loss.                                               
[2016] NZCA 32    CA333/2015

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

15 June 2016
HC judgment NORRIS WARD MCKINNON v KAYE [2015] NZHC 1025     14 May 2015
Judgment appealed from KAYE V NORRIS WARD MCKINNON [2016] NZCA 32    29 February 2016
Leave judgment - leave dismissed ANTHONY PRATT KAYE AND MORVA KAYE v NORRIS WARD MCKINNON [2016] NZSC 66   15 June 2016

 

 

Case Number

SC 30/2016

Case Name KHW  v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining the application for an extension of time to appeal against the applicant’s sentence on the basis that any causal contribution of early dementia to the applicant’s offending was not substantial.                                                              
[2016] NZCA 33   CA13/2015

Result

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

10 June 2016

Judgment appealed from

W (CA315/2015) v R [2016] NZCA 33     29 February 2016

 

 

Case Number

SC 31/2016

Case Name BM v The Queen
Summary

Criminal appeal – Crimes Act 1961, s 195 – Whether the Court of Appeal erred in concluding the sentence was not manifestly excessive.

[2016] NZCA 53  CA 599/2015 

Result

The Application for leave to appeal is dismissed.                     

20 June 2016                                                                                                            __

HC judgment

R v DK [2015] NZHC 2137 not available

Judgment appealed from

M (CA559/2015) v R [2016] NZCA 53   9 March 2016

Leave judgment - leave dismissed M(SC 31/2016) v R [2016] NZSC 72     20 June 2016

 

 

Case Number

SC 33/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

Civil Appeal – Court of Appeal Civil Rules 2005 – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision to decline to dispense with security for costs.        
[2016] NZCA 78   CA 740/2015    

Result The applications for leave to appeal are dismissed.                
17 May 2016
HC judgment  White v Lynch [2015] NZHC 1020      14 May 2015
HC judgment  White v Lynch [2015] NZHC 3202   15 December 2015
Judgment appealed from WHITE v LYNCH [2016] NZCA 78     22 March 2016
Leave judgment - leave dismissed AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2016] NZSC 55    17 May 2016

 

 

Case Number

SC 34/2016

Case Name Yong Xin Chen v The Cornwall Park Trust Board
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of a lease

[2016] NZCA 65  CA 645/2014

Result A The application for leave to appeal is granted (Cornwall Park Trust Board Inc v Chen [2016] NZCA 65).

B The approved questions are whether the Court of Appeal was correct:

(i) to hold that the applicant is liable under the lease to pay the upset rental from the date of expiry of the lease until she vacated the property; and

(ii) in interpreting and applying the applicant’s repair obligations under the lease.
4 July 2016

____________

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

26 September 2016

Hearing

15 November 2016                                                     

William Young, Glazebrook, Arnold, O'Regan and Blanchard JJ.

HC judgment

THE CORNWALL PARK TRUST BOARD INC v CHEN [2014] NZHC 2465   8 October 2014

Judgment appealed from 

THE CORNWALL PARK TRUST BOARD INC v CHEN [2016] NZCA 65    14 March 2016

Leave judgment - leave granted

YONG XIN CHEN v THE CORNWALL PARK TRUST BOARD INC [2016] NZSC 81    4 July 2016

 

 

Case Number

SC 36/2016

Case Name Martin James Mailley v District Court at North Shore and New Zealand Police
Summary

Civil Appeal - Whether the Court of Appeal erred in its interpretation of s 48(4) of the Extradition Act 1999.      
[2016] NZCA 83   CA716/2014

Result

The application for leave to appeal is dismissed.                     

20 June 2016

HC judgment

MAILLEY v THE DISTRICT COURT AT NORTH SHORE [2014] NZHC 2816   12 November 2014

Judgment appealed from

MAILLEY v DISTRICT COURT AT NORTH SHORE [2016] NZCA 83    23 March 2016

Leave judgment - leave dismissed

MARTIN JAMES MAILLEY v DISTRICT COURT AT NORTH SHORE [2016] NZSC 73   20 June 2016

 

 

Case Number

SC 37/2016

Case Name Francisc Catalin Deliu v Boon Gunn Hong
Summary

Civil appeal – Whether the Court of Appeal’s decision was inconsistent with its statement of the issue – Whether principles governing appeals against the exercise of discretion were applied incorrectly.

[2016] NZCA 75   CA 425/2015

Result

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

28 July 2016

High Court judgment

DELIU v HONG & ANOTHER [2015] NZHC 492     17 March 2015

Judgment appealed from

HONG v DELIU [2016] NZCA 75     16 March 2016

Leave judgment - leave dismissed

FRANCISC CATALIN DELIU v BOON GUNN HONG [2016] NZSC 93    28 July 2016

 

 

Case Number

SC 38/2016

Case Name Cecilia Victoria Uhrle v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 66(2) – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge’s direction to the jury incorrectly conflated foresight and intention in terms of common purpose liability under s 66(2).                                  
[2015] NZCA 412   CA265/2013 

Result

The application for leave to appeal is dismissed.                  

13 June 2016.

HC judgment

R v Uhrle [2013] NZHC 922  30 April 2013

Judgment appealed from

UHRLE & ORS v R [2015] NZCA 412    4 September 2015

Leave judgment - leave dismissed

 CECILIA VICTORIA UHRLE v R [2016] NZSC 64    13 June 2016


 

 

Case Number

SC 40/2016

Case Name Wayne James Bracken v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in concluding that the trial Judge’s directions were adequate – Whether the Court of Appeal erred in concluding that the trial was not unfair.  
[2016] NZCA 79   CA785/2012

Result

The application for leave to appeal is dismissed.                       

13 September 2016

HC judgment

R V BRACKEN HC WHA CRI 2011-027-000666   23 November 2012

Judgment appealed from

BRACKEN v R [2016] NZCA 79    23 March 2016

Leave judgment - leave dismissed

WAYNE JAMES BRACKEN v R [2016] NZSC 124    13 September 2016

 

 

Case Number

SC 41/2016

Case Name Mrinal Sardana  v The Queen
Summary

Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding that the jury’s verdict was not unreasonable – Whether Court of Appeal erred in finding no risk that outcome of trial was affected by error – Whether Court of Appeal erred in finding that the sentence was not manifestly excessive.                                                        
[2016] NZCA 138   CA508/2015

Result

The application for leave to appeal is dismissed.                               

1 November 2016

Judgment appealed from

SARDANA v R [2016] NZCA 138    20 April 2016

Leave judgment - leave dismissed

MRINAL SARDANA v R [2016] NZSC 142    1 November 2016

 

 

Case Number

SC 42/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

Civil Appeal – Judicature Act 1908, s 61A(2) - Whether the Court of Appeal erred in determining that the applicants had no further right of review.   
[2016] NZCA 149   CA 740/2015

Result

The applications for leave to appeal are dismissed.               

17 May 2016

HC judgment

White v Lynch [2015] NZHC 3202  15 December 2015 

CA judgment

White v Lynch [2016] NZCA 78    22 March 2016

Judgment appealed from

WHITE v LYNCH [2016] NZCA 149    22 April 2016

Leave judgment - leave dismissed

AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2016] NZSC 55   17 May 2016

 

 

Case Number

SC 43/2016

Case Name Augustine Lau v UMH Group Limited
Summary

Civil appeal - Whether the Court of Appeal erred in declining to grant an extension of time in which to appeal a High Court order extinguishing a land covenant.                   
[2016] NZCA 132   CA692/2015

Result A  The application for leave to appeal is dismissed.
B  The applicant must pay costs of $1,500 to the respondent.
5 July 2016
HC judgment UMH Group Ltd HC Auckland CIV-2015-404-1993, 13 October 2015 not available
Judgment appealed from LAU V UMH GROUP LTD [2016] NZCA 132    15 April 2016
Leave judgment - leave dismissed AUGUSTINE LAU v UMH GROUP LIMITED [2016] NZSC 82    5 July 2016

 

 

Case Number

SC 44/2016

Case Name Vincent Ross Siemer v The Attorney-General
Summary

Civil Appeal – Judicature Act 1908, s 88B – Whether the Court of Appeal erred in expanding the scope of the order preventing the applicant from instituting civil proceedings without the leave of the High Court.  

[2016] NZCA 43   CA278/2014

Result A The application for leave to appeal is dismissed.                   
B Costs of $2,500 are payable to the respondent.                    

21 June 2016

HC judgment

Attorney-General v Siemer [2014] NZHC 859    30 April 2014

Judgment appealed from

SIEMER v THE ATTORNEY-GENERAL [2016] NZCA 43   4 March 2016

Leave judgment - leave dismissed

VINCENT ROSS SIEMER v THE ATTORNEY-GENERAL [2016] NZSC 75 [21 June 2016]

 

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Case Number

SC 45/2016

Case Name Jesse Waiariki Tamanava Butler v North Shore Police
Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in dismissing the application for an extension of time to appeal on the basis that the case was inarguable.                                                                              

[2016] NZCA 150   CA657/2015

Result

The application for leave to appeal is dismissed.                  

13 June 2016

HC judgment

BUTLER v MASSEY UNIVERSITY ALBANY [2015] NZHC 2287   22 September 2015

Judgment appealed from

BUTLER v NORTH SHORE POLICE [2016] NZCA 150     22 April 2016

Leave judgment - leave dismissed

JESSE WAIARIKI TEMANAVA BUTLER v NORTH SHORE POLICE [2016] NZSC 63  13 June 2016

 

 

Case Number

SC 46/2016

Case Name Vivien Judith Madsen-Ries and David Stuart Vance as Liquidators of Petranz Limited (in liquidation) and Petranz Limited (in liquidation) v Darrell Warren Karaneihana and Diana Joy Petera
Summary

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of s 161– Whether the Court of Appeal erred in taking into consideration that if the liquidators were successful that surplus funds would be returned to the directors and shareholders pursuant to Morgenstern v Jeffreys [2014] NZSC 176 – Whether the Court of Appeal erred in holding that ss 131–138 are codification of directors’ duties. 

[2016] NZCA 103   CA198/2015

Result

A The application for leave to appeal is dismissed.
B There is no order for costs.

28 July 2016

HC judgment

MADSEN-RIES and VANCE v PETERA [2015] NZHC 538     24 March 2015

Judgment appealed from

MADSEN-RIES AND VANCE AS LIQUIDATORS OF PETRANZ LTD (IN LIQ) v PETERA [2016] NZCA 103      8 April 2016

Leave judgment - leave dismissed

VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN AS LIQUIDATORS OF PETRANZ LIMITED (IN LIQUIDATION) v DARRELL WARREN KARANEIHANA PETERA [2016] NZSC 94    28 July 2016

 

 

Case Number

SC 49/2016

Case Name H v The Queen
Summary

Criminal appeal – Whether the trial Judge erred in his directions to the jury with respect to reliability, the standard of proof, representative counts and depictions of victims of sexual violence.          

[2015] NZCA 124   CA533/2014

Result

The application for leave to appeal is dismissed.                      

15 August 2016

Judgment appealed from

H (CA533/2014) v R [2015] NZCA 124 (Stevens, Asher and Williams JJ) not electronically available __

Leave judgment - leave dismissed

H (SC 49/2016) v R [2016] NZSC 103     15 August 2016

 

 

Case Number

SC 50/2016

Case Name Malcolm Raymond Clarke v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge ought to have directed the jury that the applicant did not have the burden of proving that the complainant had a motive to lie.                                               
[2016] NZCA 91   CA586/2015

Result

The application for leave to appeal is dismissed.                      

4 July 2016

Judgment appealed from

CLARKE v R [2016] NZCA 91   5 April 2016

Leave judgment - leave dismissed

MALCOLM RAYMOND CLARKE v R [2016] NZSC 79  4 July 2016

 

 

Case Number

SC 51/2016

Case Name Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90.                               

[2016] NZCA 151   CA173/2015

Result

A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.

9 August 2016

HC judgment

REYNOLDS v CALVERT [2015] NZHC 400    9 March 2015

Judgment appealed from

CALVERT v REYNOLDS [2016] NZCA 151   22 April 2016

Leave judgment - leave dismissed

HILARY JANE CALVERT AND ORS v GRANT BRUCE REYNOLDS [2016] NZSC 100  9 August 2016

 

 

Case Number

SC 52/2016

Case Name T v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. 

[2016] NZCA 148   CA438/2015

Result

The applications for leave to appeal are dismissed.                 

21 June 2016

Judgment appealed from

[2016] NZCA 148   CA438/2015 not available

Leave judgment - leave dismissed T (SC 52/2016) v R [2016] NZSC 76    21 June 2016

 

 

Case Number

SC 53/2016

Case Name N v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety.                                                                   

[2016] NZCA 148   CA440/2015

Result

The applications for leave to appeal are dismissed.                 

21 June 2016

Judgment appealed from

[2016] NZCA 148   CA440/2015 not available

Leave judgment - leave dismissed

T (SC 52/2016) v R [2016] NZSC 76    21 June 2016

 

 

Case Number

SC 54/2016

Case Name Whetu Sonny James Waiwai v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. 

[2016] NZCA 167   CA603/2015

Result

The application for leave to appeal is dismissed.                      

13 July 2016                                                                                                       

Judgment appealed from

WAIWAI v R [2016] NZCA 167    4 May 2016

Leave judgment - leave dismissed

WHETU SONNY JAMES WAIWAI v R [2016] NZSC 85   13 July 2016

 

 

Case Number

SC 55/2016

Case Name John Alfred Robinson v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 43(3)(e) – Whether the Court of Appeal erred in its application of the “collusion or suggestibility” criterion in assessing admissibility of propensity evidence under s 43. 

[2016] NZCA 188   CA375/2015

Result

The application for leave to appeal is dismissed.                 

13 July 2016                                      

Judgment appealed from

[2016] NZCA 188   CA375/2015 not available   _

Leave judgment - leave dismissed

JOHN ALFRED ROBINSON v R [2016] NZSC 86 [13 July 2016]


 

Case Number

SC 56/2016

Case Name AN v Counties Manukau District Health Board
Summary

Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal erred in not granting habeas corpus – Whether the Court of Appeal erred by making a costs award against the applicant – Whether the Court of Appeal erred by suppressing the applicant’s name.

[2016] NZCA 226   CA133/2016

Result

A The application for leave to appeal is dismissed.
B There is no order for costs.

20 June 2016                                                                                    

HC judgment not available                                                             __
Judgment appealed from

AN v COUNTIES MANUKAU DISTRICT HEALTH BOARD [2016] NZCA 226  25 May 2016

Leave judgment - leave dismissed

AN(SC 56/2016) v COUNTIES MANUKAU DISTRICT HEALTH BOARD [2016] NZSC 74   20 June 2016

Recall judgment - recall dismissed

AN (SC 56/2016) v COUNTIES MANUKAU DISTRICT HEALTH BOARD [2016] NZSC 78  1 July 2016

 

Case Number

SC 58/2016

Case Name Morris Burton Suckling v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its application of s 109 of the Tax Administration Act 1994 – Whether the District Court erred in failing to consider objections to the admissibility of propensity evidence. 

[2016] NZCA 187   CA468/2015

Result

The application for leave to appeal is dismissed.                      

 4 July 2016

Judgment appealed from

SUCKLING v R [2016] NZCA 187    10 May 2016

Leave judgment - leave dismissed

MORRIS BURTON SUCKLING v R [2016] NZSC 80    4 July 2016

  

 

Case Number

SC 59/2016

Case Name Wayne Anthony Jonathon Houpapa v The Queen
Summary

Criminal Appeal – Appeal against sentence – Whether the Court of Appeal erred in not giving the defendant a discount for his guilty plea.                                               

[2016] NZCA 206   CA525/2015                                                                      __

Result

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

24 February 2017

Judgment appealed from HOUPAPA v R [2016] NZCA 206    16 May 2016

 

 

Case Number

SC 62/2016

Case Name Leiden Cheyne O'Sullivan v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining an extension of time to appeal – Whether the applicant should be permitted to vacate his guilty pleas.  

[2016] NZCA 204   CA20/2016

Result

The applications for leave to appeal are dismissed.               

2 September 2016

HC judgment R v O’Sullivan HC Whangarei CRI-2007-088-5182 19 August 2008NZLII
Judgment appealed from O'SULLIVAN v R [2016] NZCA 204      16 May 2016
Leave judgment - leave dismissed

LEIDEN CHEYNE OʼSULLIVAN v R [2016] NZSC 116   2 September 2016

 

   

Case Number

SC 63/2016

Case Name Camille Iriana Thompson v The Attorney-General
Summary

Civil Appeal – Whether the Court of Appeal erred in its approach to New Zealand Bill of Rights Act 1990 compensation in relation to judicial acts. 

[2016] NZCA 215   CA590/2014

Result A The application for leave to appeal is dismissed.
B We make no award of costs.
7 October 2016
HC judgment

THOMPSON v ATTORNEY-GENERAL [2014] NZHC 2333   24 September 2014

Judgment appealed from

THOMPSON v THE ATTORNEY-GENERAL [2016] NZCA 215     23 May 2016

Leave judgment - leave dismissed

CAMILLE IRIANA THOMPSON v THE ATTORNEY-GENERAL [2016] NZSC 134   7 October 2016

 

 

Case Number

SC 64/2016

Case Name Dean John Drever v The Queen
Summary

Criminal Appeal – Whether Court of Appeal was wrong to hold that there was not a miscarriage of justice– Whether the Court of Appeal erred in upholding the minimum period of imprisonment.  

[2016] NZCA 249   CA457/2014

Result

The application for leave to appeal is dismissed.                        

27 July 2016

Judgment appealed from

DREVER v R [2016] NZCA 469    29 September 2016

Leave judgment - leave dismissed

DEAN JOHN DREVER v R [2016] NZSC 92   27 July 2016

 

 

Case Number

SC 65/2016

Case Name John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Summary

Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement.           

[2016] NZCA 241   CA750/2014

Result

A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500

30 August 2016

HC judgments

WATSON & ORS v WHITEHEAD & ORS [2014] NZHC 2992  27 November 2014

WATSON v WHITEHAD [2015] NZHC 739    17 April 2015

WATSON v WHITEHEAD & ANOR [2015] NZHC 1679   20 July 2015

Judgment appealed from

WATSON & SON LIMITED v WHITEHEAD & ORS AS TRUSTEES OF THE J AND R WHITEHEAD TRUST [2016] NZCA 241    2 June 2016

Leave judgment - leave dismissed

JOHN EDWARD WHITEHEAD, ROSALENE MARIE WHITEHEAD AND EDWARD IVAN WHITEHEAD AS TRUSTEES OF THE J AND R WHITEHEAD TRUST v WATSON & SON LIMITED [2016] NZSC 115    30 August 2016

 

 

Case Number

SC 66/2016

Case Name Michael Brian Ogden v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the error made by the District Court Judge in considering a formal written statement which was on the court file but had not been admitted in evidence was not so gross, prejudicial or irremediable as to render the trial unfair. 

[2016] NZCA 214   CA609/2015

Result

The application for leave to appeal is dismissed.                                              

3 August 2016

Judgment appealed from

Ogden v R [2016] NZCA 214  20 May 2016 NZLII

Leave judgment - leave dismissed

MICHAEL BRIAN OGDEN v R [2016] NZSC 97     3 August 2016

 

 

Case Number

SC 67/2016

Case Name Peter Alan Hutchins v The Queen
Summary

Criminal appeal – Whether the Court of Appeal erred in finding no risk of miscarriage despite concluding that jury directions did not conform with best practice. 

[2016] NZCA 173   CA403/2015

Result

A An extension of time to apply for leave to appeal is granted
B The application for leave to appeal is dismissed                  

31 August 2016

Judgment appealed from

HUTCHINS V R [2016] NZCA 173    5 May 2016

Leave judgment - leave dismissed

PETER ALAN HUTCHINS v R [2016] NZSC 117    31 August 2016

 

 

Case Number

SC 69/2016

Case Name Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Summary

Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. 

[2016] NZCA 204   CA358/2015

Result

A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500

26 August 2016

HC judgment

BLANCHETT & ANOR AS LIQUIDATORS OF ARAI KORP LIMITED (IN LIQUIDATION) v OSMOND & & ANOR [2015] NZHC 467     17 March 2015

Judgment appealed from OSMOND v BLANCHETT [2016] NZCA 240     1 June 2016
Leave judgment - leave dismissed

MURRAY ATHOL OSMOND AND JANET DOREEN OSMOND v DAVID MURRAY BLANCHETT AND COLIN THOMAS MCCLOY AS LIQUIDATORS OF ARAI KORP LIMITED (IN LIQUIDATION) [2016]   NZSC 112   26 August 2016

 

 

Case Number

SC 70/2016

Case Name Derek Peter Wheeldon and Carol Ann Wheeldon, Anthony John Butcher and Ruth Barbara Rogers, Larry Lawrence Small and KM Trustees Services Limited, Ivor Anthony Millington and Neville Eade v Body Corporate 342525
Summary

Civil Appeal –– Whether the Court of Appeal erred in its interpretation of s 138(1)(d) of the Unit Titles Act 2010 – Whether the Court of Appeal erred in its interpretation of s 49(1) of the Building Act 2004 – Whether the Court of Appeal erred in its interpretation of the Building Code. 

[2016] NZCA 247   CA290/2015

Result

A The application for leave to appeal is dismissed

B The applicants are to pay the respondent costs of $2,500

14 September 2016

HC judgment

WHEELDON v BODY CORPORATE 342525 [2015] NZHC 884   30 April 2015

Judgment appealed from

WHEELDON AND ORS V BODY CORPORATE 342525 [2016] NZCA 247   7 June 2016

Leave judgment - leave dismissed

WHEELDON AND ORS v BODY CORPORATE 342525 [2016] NZSC 125   14 September 2016

 

 

Case Number

SC 71/2016

Case Name Vijendra Kumar Naiker v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding no error in the trial judge’s decision not to discharge the jury – Whether the Court of Appeal erred in finding the trial judge gave an adequate reliability warning.                                

 [2016] NZCA 250   CA562/2015

Result

The application for leave to appeal is dismissed.                      

2 September 2016

Judgment appealed from

NAIKER V R [2016] NZCA 250     9 June 2016

Leave judgment - leave dismissed

VIJENDRA KUMAR NAIKER v R [2016] NZSC 118    2 September 2016

 

 

Case Number

SC 72/2016

Case Name Auckland Council and James Hardie New Zealand v Weathertight Homes Tribunal, and The Chief Executive of the Ministry of Business, Innovation and Employment, and Body Corporate 19500, and Gefei Liang and Others
Summary

Civil Appeal – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the Weathertight Homes Resolution Services Act 2006 is that the multi-unit complex claim does not need to independently meet the s 16(a) eligibility criterion for resolution – Whether the Court of Appeal erred in holding that the effect of s 141(4) of the 2006 Act is that all of the claimants represented in the multi-unit complex claim receive the benefit of the date the withdrawn claim was brought under the Weathertight Homes Resolution Services Act 2002 for the purposes of s 37 of the 2006 Act.

[2016] NZCA 256   CA552/2015, CA564/2015

Result

A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable by the applicants to the second respondent.
C Costs of $2,500 are payable by the applicants to the third and fourth respondents.

16 September 2016

HC judgment

AUCKLAND COUNCIL v JAMES HARDIE NEW ZEALAND [2015] NZHC 2098   1 September 2015

Judgment appealed from

AUCKLAND COUNCIL v WEATHERTIGHT HOMES TRIBUNAL [2016] NZCA 256    14 June 2016

Leave judgment - leave dismissed

AUCKLAND COUNCIL v WEATHERTIGHT HOMES TRIBUNAL [2016] NZSC 126   16 September 2016

 

 

Case Number

SC 74/2016

Case Name Sara-Jane Skeet v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against her convictions for blackmail and kidnapping – Whether the Court of Appeal erred in its interpretation of the elements of the offence of blackmail as set out in s 237 of the Crimes Act 1961.                                

[2016] NZCA 198   CA210/2015

Result

The application for leave to appeal is dismissed.                              

6 September 2016

Judgment appealed from

SKEET v R [2016] NZCA 198    13 May 2016

Leave judgment - leave dismissed

SARA-JANE SKEET v R [2016] NZSC 120    6 September 2016

 

 

Case Number

SC 75/2016

Case Name Shahidan Nisha v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the applicant’s knowledge of English was sufficient to ensure a fair trial.

[2016] NZCA 294   CA624/2015

Result

The application for leave to appeal is dismissed.                    

30 August 2016

Judgment appealed from

Nisha v R [2016] NZCA 294 (Ellen France P, Clifford and Katz JJ) not available online ____

Leave judgment - leave dismissed

SHAHIDAN NISHA v R [2016] NZSC 114    30 August 2016

 

 

Case Number

SC 76/2016

Case Name Steven Ray Churchis v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that the trial Judge’s directions were adequate.                                                                

[2016] NZCA 264   CA391/2015
Result

The application for leave to appeal is dismissed.                     

28 September 2016

Judgment appealed from

CHURCHIS V R [2016] NZCA 264    17 June 2016

Leave judgment - leave dismissed

STEVEN RAY CHURCHIS v R [2016] NZSC 128    28 September 2016

 

 

Case Number

SC 77/2016

Case Name David Obiaga v The Queen
Summary

Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding no mistrial due to trial counsel error or juror ill-health – Whether Court of Appeal erred in finding no misuse of co-defendant’s statement – Whether Court of Appeal erred in upholding sentence. 

[2016] NZCA 270   CA390/2015, CA395/2015 

Result

The application for leave to appeal is dismissed.                               

8 December 2016

HC judgment R v IWU, OKPARA, OCHIBULU and LEEFE [2015] NZHC 1438     18 June 2015
Judgment appealed from

OBIAGA AND LEEFE V R [2016] NZCA 270    20 June 2016

Leave judgment - leave dismissed

DAVID OBIAGA v R [2016] NZSC 162    8 December 2016

 

 

Case Number

SC 78/2016

Case Name Peter Anthony Williams v Trevor Nelson Cameron and Robin Whalley and Richards Woodhouse
Summary

Civil Appeal – Whether the Court of Appeal erred in declining an application for extension of time to appeal, on the basis that the applicant alleges that the respondents’ lawyers have acted in breach of Rules of Conduct and Client Care.   

 [2016] NZCA 317   CA136/2016

Result

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

5 September 2016

HC judgment WILLIAMS v CAMERON [2016] NZHC 264    24 February 2016
Judgment appealed from

WILLIAMS V CAMERON AND OTHERS [2016] NZCA 317   7 July 2016

Leave judgment - leave dismissed

PETER ANTHONY WILLIAMS v TREVOR NELSON CAMERON [2016] NZSC 119  5 September 2016

 

 

Case Number

SC 79/2016

Case Name Jeffrey Francis McClintock v The Attorney-General and Red Beach Board of Trustees
Summary

Civil appeal – Whether the Court of Appeal erred in its decision to reinstate but stay the proceedings until satisfaction of specified conditions – Whether the Court of Appeal erred in refusing to make an order for costs.                                          

[2016] NZCA 274   CA175/2016  

Result A The application for leave to appeal is dismissed.
B We award costs of $1,000 to the second respondent.
4 October 2016
Judgment appealed from MCCLINTOCK v THE ATTORNEY-GENERAL [2016] NZCA 274   21 June 2016
Leave judgment - leave dismissed JEFFREY FRANCIS MCCLINTOCK v THE ATTORNEY-GENERAL [2016] NZSC 132  4 October 2016

 

 

Case Number

SC 80/2016

Case Name X v W and The Queen
Summary

Civil Appeal – Whether the Court of Appeal erred in determining that it had no jurisdiction to appoint independent counsel to represent the applicant in criminal proceedings in respect of which he is the complainant.

CA731/2015 

Result

The application for leave to appeal is dismissed.           

16 August 2016

Leave judgment - leave dismissed

 not available - name suppression

 

 

Case Number

SC 81/2016

Case Name Alistair Stuart Lyon v The Queen
Summary

Criminal Appeal – Conviction Appeal – Whether the Court of Appeal erred in its analysis of trial counsel competence – Whether the Court of Appeal erred in its approach to the evidence.   
[2016] NZCA 293   CA746/2014

Result

The application for leave to appeal is dismissed.                     

29 September 2016

Judgment appealed from LYON v R [2016] NZCA 293     29 June 2016
Leave judgment - leave dismissed

ALISTAIR STUART LYON v R [2016] NZSC 129   29 September 2016

 

 

Case Number

SC 82/2016

Case Name Bodie Hoani Ngapaki Stewart v The Queen
Summary

Criminal Appeal – Appeal against conviction – Juries Act 1981, s 22– Whether the Court of Appeal erred in its conclusion that the trial Judge was not wrong to discharge the second juror. 

[2016] NZCA 217   CA27/2016

Result

A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.

3 October 2016

Judgment appealed from

STEWART v R [2016] NZCA 217  20 May 2016

Leave judgment - leave dismissed

BODIE HOANI NGAPAKI STEWART v R [2016] NZSC 131  3 October 2016

 

 

Case Number

SC 83/2016

Case Name Narayan Prasad v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding that deficiencies in reliability warning did not lead to a miscarriage of justice – Whether Court of Appeal erred in finding no deficiencies in directions on previous acquittal evidence.                             [2016] NZCA 163    CA695/2014

Result

A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.

3 November 2016

HC judgment R v PRASAD [2014] NZHC 3014    28 November 2014
Judgment appealed from

PRASAD v R [2016] NZCA 163    2 May 2016

Leave judgment - leave dismissed

NARAYAN PRASAD v R [2016] NZSC 146    3 November 2016

 

 

Case Number

SC 85/2016

Case Name D v Immigration and Protection Tribunal New Zealand and Chief Executive of the Ministry of Business, Innovation and Employment
Summary

Civil appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal erred in its interpretation and application of s 249.  

[2016] NZCA 320   CA642/2015

Result A notice of abandonment having been lodged, the appeal is deemed to be dismissed.
Judgment appealed from D (CA642/2015) v IMMIGRATION & PROTECTION TRIBUNAL NZ [2016] NZCA 320   7 July 2016

  

 

Case Number

SC 86/2016

Case Name Shivneel Shahil Kumar v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence.                                                    

[2016] NZCA 329   CA264/2015

Result

The applications for leave to appeal are dismissed.

7 November 2016

Judgment appealed from KUMAR V R [2016] NZCA 329    14 July 2016
 
Leave judgment - leave dismissed SHIVNEEL SHAHIL KUMAR v R [2016] NZSC 147    7 November 2016

 

 

Case Number

SC 87/2016

Case Name Bryne Permal v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the “one transaction” rule from Thabo Meli v R [1954] 1 WLR 228 (PC) – Whether the trial judge incorrectly directed the jury on the issue of withdrawal – Whether the Court of Appeal erred in dismissing the applicants’ appeals against sentence.                     

[2016] NZCA 329   CA310/2015

Result

The applications for leave to appeal are dismissed.

7 November 2016

Judgment appealed from
Leave judgment - leave dismissed

 

 

Case Number

SC 88/2016

Case Name Yao Wei He v Zhixiong Chen
Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in refusing to grant an application for leave to adduce further evidence – Whether the Court of Appeal erred in dismissing the appeal of the decision of the High Court. 

[2016] NZCA 340   CA435/2015

Result A The application for leave to appeal and the application to adduce further evidence are dismissed.
B Costs of $7,500 are payable to the respondent.
21 November 2016
HC judgment Chen v He [2015] NZHC 1593
Judgment appealed from HE v ZHIXIONG CHEN [2016] NZCA 340     19 July 2016
Leave judgment - leave dismissed YAO WEI HE v ZHIXIONG CHEN [2016] NZSC 151      21 November 2016

 

 

Case Number

SC 90/2016

Case Name Demissie Tefera Asgedom v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  

[2016] NZCA 334   CA451/2015

Result

The applications for leave to appeal are dismissed.                  

25 October 2016

Judgment appealed from

DEMISSIE TEFERA ASGEDOM V R [2016] NZCA 334     18 July 2016

Leave judgment - leave dismissed

DEMISSIE TEFERA ASGEDOM v R [2016] NZSC 138     25 October 2016

 

 

Case Number

SC 91/2016

Case Name Nebiyou Tefera Demissie v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the applicants were not materially prejudiced by the form of the indictment – Whether the applicants were prejudiced by the addition of a new alleged party to the offence part way through the trial – Whether the Court of Appeal erred in finding that the applicant’s were not prejudiced by non-disclosure of certain material – Whether the Court of Appeal erred in dismissing the second applicant’s appeal against sentence.  

[2016] NZCA 334   CA533/2015

Result

The applications for leave to appeal are dismissed.                  

25 October 2016

Judgment appealed from

 DEMISSIE TEFERA ASGEDOM V R [2016] NZCA 334   18 July 2016

Leave judgment - leave dismissed

 DEMISSIE TEFERA ASGEDOM v R [2016] NZSC 138   25 October 2016

 

 

Case Number

SC 93/2016

Case Name J v Accident Compensation Corporation
Summary

Civil Appeal – Accident Compensation Act 2001, s 103(2) – Whether High Court erred in holding the District Court was wrong to find that the applicant was unable because of personal injury to return to pre-injury employment.

[2016] NZHC 1683   CIV-2015-412-000125

Result

The application for leave to appeal is dismissed.                              

9 February 2017

Judgment appealed from

ACCIDENT COMPENSATION CORPORATION v J [2016] NZHC 1683  22 July 2016

Transcript

Leave hearing date : 25 November 2016                                       

William Young, Glazebrook, Arnold, O'Regan and Ellen France JJ

Leave judgment - leave dismissed

J (SC 93/2016) v ACCIDENT COMPENSATION CORPORATION [2017] NZSC 3  9 February 2017

 

 

Case Number

SC 94/2016

Case Name Alexander Pieter van Heeren v Michael David Kidd
Summary

Civil Appeal– Whether the Court of Appeal erred in upholding the decision of the High Court finding that an issue estoppel can arise in New Zealand proceedings based on findings made by a foreign court –Whether the Court of Appeal then erred in upholding the direction of the High Court for a summary account.                                                                              
[2016] NZCA 401  CA 247/2015

Result

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

9 December 2016

HC judgment

KIDD v VAN HEEREN [2015] NZHC 517    14 April 2015

Judgment appealed from 

VAN HEEREN v KIDD [2016] NZCA 401    19 August 2016

Leave judgment - leave dismissed

ALEXANDER PIETER VAN HEEREN v MICHAEL DAVID KIDD [2016] NZSC 163    9 December 2016

 

 

Case Number

SC 96/2016

Case Name Zacharius Rakena v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice had occurred in relation to the trial Judge’s decision not to poll the jury after the verdict was delivered – Whether the trial Judge erred in not making further enquiry into the jury process – Whether the Court of Appeal erred in finding that the jury’s verdict was reasonable.              

 [2016] NZCA 357   CA747/2015

Result

The application for leave to appeal is dismissed.                                  

18 October 2016

Judgment appealed from

Rakena v R [2016] NZCA 357    27 July 2016

Leave judgment - leave dismissed

ZACHARIUS RAKENA v R [2016] NZSC 137   18 October 2016

 

 

Case Number

SC 100/2016

Case Name Lewis Ata Turahui for and on behalf of Araukuku Hapu v The Waitangi Tribunal, and The Attorney-General, and Nga Hapu O Ngaruahine Iwi Incorporated and Te Runanga O Ngati Ruanui Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that the Taranaki Tribunal had found no breach of Treaty principles in relation to a Waitangi Tribunal claim– Whether the Court of Appeal erred in finding that a delay in seeking an urgent hearing is a relevant consideration for the Waitangi Tribunal when deciding whether to hold an urgent hearing.                          

[2016] NZCA 387   CA448/2015

Result

A  The application for leave to appeal is dismissed.
B   There is no award of costs.

1 December 2016

HC judgment
Judgment appealed from

LEWIS ATA TŪRĀHUI for and on behalf of ĀRAUKŪKŪ HAPŪ V THE WAITANGI TRIBUNAL [2016] NZCA 387     10 August 2016

Leave judgment - leave dismissed

LEWIS ATA TŪRĀHUI for and on behalf of ĀRAUKŪKŪ HAPŪ V THE WAITANGI TRIBUNAL [2016] NZSC 157     1 December 2016

 

 

Case Number

SC 101/2016

Case name Quake Outcasts v Minister of Canterbury Earthquake Recovery and The Chief Executive, Canterbury Earthquake Recovery Authority
Summary

Civil Appeal – Judicial Review – Direct Appeal from High Court – Whether the High Court erred in concluding that the Minister’s decision was not inconsistent with previous Supreme Court judgment.                          

[2016] NZHC 1959   CIV-2016-409-000050  

Result

A The application for leave to appeal is dismissed
B The applicants must pay costs of $1,000 to the respondents

13 December 2016

Judgment appealed from

QUAKE OUTCASTS v MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZHC 1959     22 August 2016

Leave judgment - leave dismissed

QUAKE OUTCASTS v THE MINISTER FOR CANTERBURY EARTHQUAKE RECOVERY [2016] NZSC 166    13 December 2016

 

 

Case Number

SC 102/2016

Case Name Dean James Charlton v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that there was sufficient evidence to support the applicant’s conviction for rape.                                                                 

[2016] NZCA 212   CA452/2015      

Result

The application for leave to appeal is dismissed.                              

9 February 2017

Judgment appealed from

CHARLTON V R [2016] NZCA 212   20 May 2016

Leave judgment - leave dismissed DEAN JAMES CHARLTON v R [2017] NZSC 5    9 February 2017

 

 

Case Number

SC 103/2016

Case Name Friedrich Joachim Fehling v Attorney-General
Summary

Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the claimed dismissal of a statement of claim for a local body election should be nullified.                                                                CIV 2016-418-000020              

Result

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

24 November 2016

Judgment appealed from

Fehling v The Crown HC Greymouth, CIV-2016-418-20, 26 July 2016 (Minute of Nation J) - not available

Leave judgment - leave dismissed

FRIEDRICH JOACHIM FEHLING v ATTORNEY-GENERAL [2016] NZSC 154   24 November 2016

 

 

Case Number

SC 104/2016

Case Name Friedrich Joachim Fehling v West Coast District Health Board
Summary

Civil appeal – Whether the Supreme Court has jurisdiction to hear the proposed appeal – Whether the Human Rights Review Tribunal erred in not accepting certain documents for filing.      

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $1,500.

24 November 2016

Judgment appealed from

Fehling v Ministry of Health (Strike-Out of Second Defendant) [2016] NZHRRT 29

Leave judgment - leave dismissed

FRIEDRICH JOACHIM FEHLING v WEST COAST DISTRICT HEALTH BOARD [2016] NZSC 155     24 November 2016

 

 

Case Number

SC 105/2016

Case Name Kaveinga Helotu Lavemai v The Queen
Summary

Criminal Appeal – Sentencing – Whether the Court of Appeal erred by dismissing the appeal against sentence.                         

[2016] NZCA 363   CA344/2014     

Result

The application for leave to appeal is dismissed.

2 November 2016

HC judgment

R v LAVEMAI [2014] NZHC 797    16 April 2014

Judgment appealed from

LAVEMAI v R [2016] NZCA 363    28 July 2016

Leave judgment - leave dismissed

KAVEINGA HELOTU LAVEMAI v R [2016] NZSC 144    2 November 2016

 

 

Case Number

SC 108/2016

Case Name TWA v HC and Chief Executive of the Ministry of Social Development
Summary

Civil appeal – Whether the Court of Appeal erred in refusing to issue a writ of habeas corpus – Whether the Court of Appeal erred in transferring the application to the Family Court – Whether the Court of Appeal erred in directing that the existing care arrangements are to continue.     

[2016] NZCA 459   CA381/2016   

Result

The application for leave to appeal is dismissed.                         

18 October 2016

HC judgment

TWA v HC [2016] NZHC 1765    1 August 2016

Judgment appealed from

TWA v HC & Anor [2016] NZCA 459    28 September 2016

Leave judgment - leave dismissed

TWA v HC [2016] NZSC 136      18 October 2016

 

 

Case Number

SC 109/2016

Case Name An Li Tao v Strata Title Administration Limited, and Jigar Pandya, and Body Corporate 168693
Summary

Civil appeal – Whether the Court of Appeal erred by declining to review the Deputy Registrar’s decision declining to dispense with or reduce security for costs.                  

[2016] NZCA 437   CA226/2016

Result

The application for leave to appeal is dismissed.      

9 November 2016

HC

Tao v Strata Title Administration [2016] NZHC 814

Judgment appealed from

Tao v Strata Title Administration [2016] NZCA 437 not available_

Leave judgment - leave dismissed AN LI TAO v STRATA TITLE ADMINISTRATION LIMITED [2016] NZSC 150    9 November 2016

 

 

Case Number

SC 110/2016

Case Name Dillin Pakai v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.

[2016] NZCA 343   CA663/2014            

Result

A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed.

8 March 2017

Judgment appealed from PAKAI & HARRISON V R [2016] NZCA 343    20 July 2016
Leave judgment - leave dismissed DILLIN PAKAI v R [2017] NZSC 27   8 March 2017

 

 

Case Number

SC 111/2016

Case Name Shane Pierre Harrison v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the jury verdicts were not unreasonable as the jury could reasonably have rejected that the applicants were acting in self defence – Whether the Court of Appeal erred in holding that the trial Judge’s directions on youth and party liability were adequate – Whether the Court of Appeal erred in holding that the common law does not recognise a partial defence of excessive force – Whether the Court of Appeal erred in holding that the prosecutor had not improperly impeached the credibility of a defence witness – Whether the Court of Appeal erred in holding that communications between the applicants were lawfully intercepted and so were admissible as evidence at trial.  

 [2016] NZCA 343   CA554/2014               

Result

A The time for filing the applications for leave to appeal is extended.
B The applications for leave to appeal are dismissed.

8 March 2017

Judgment appealed from PAKAI & HARRISON V R [2016] NZCA 343     20 July 2016
Leave judgment - leave dismissed DILLIN PAKAI v R [2017] NZSC 27   8 March 2017

 

 

Case Number

SC 112/2016

Case Name Morris Burton Suckling v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence.

[2016] NZCA 187   CA468/2015  

Result

A  The application for leave to appeal is dismissed.
B  There is no order for costs.

4 October 2016

Judgment appealed from

SUCKLING v R [2016] NZCA 187    10 May 2016

Leave judgment - leave dismissed

MORRIS BURTON SUCKLING v R [2016] NZSC 133    4 October 2016

 

 

Case Number

SC 113/2016

Case Name Samuel Owen Weenink v The Queen
Summary

Criminal Appeal – Appeal against conviction – Whether there has been a miscarriage of justice due to inconsistency of verdicts – Whether fresh evidence gives rise to a miscarriage of justice.      

[2016] NZCA 667   CA17/2013       

Result

The application for leave to appeal is dismissed.                              

9 February 2017

Judgment appealed from Morton v R [2013] NZCA 667 not available__
Leave judgment - leave dismissed SAMUEL OWEN WEENINK v R [2017] NZSC 4   9 February 2017

 

 

Case Number

SC 114/2016

Case Name Dinh Tu Do v New Zealand Police
Summary

Criminal Appeal –Whether the Court of Appeal erred in finding that the order made by the District Court Judge under s 65B of the Land Transport Act 1998 did not operate retrospectively – Whether the Court of Appeal erred in holding the sentencing Judge was not required to give a warning at the time of the first offence that a s 65B order could be made if a second offence was later committed.                                                        
[2016] NZCA 420   CA600/2015

Result

The application for leave to appeal is dismissed.                            

13 February 2017

HC judgment

DO v NEW ZEALAND POLICE [2015] NZHC 2235   16 September 2015

Judgment appealed from

DO v NEW ZEALAND POLICE [2016] NZCA 420    8 September 2016

Leave judgment - leave dismissed DINH TU DO v NEW ZEALAND POLICE [2017] NZSC 7   13 February 2017

 

 

Case Number

SC 116/2016

Case Name NR v MR and Jackson Russell and District Court at Auckland
Summary

Civil Appeal – Whether the process followed by the Court of Appeal in determining the applicant’s appeal was consistent with the principles of natural justice.                                                          

[2016] NZCA 429   CA461/2014

Result

A The applications for recusal and leave to appeal are dismissed.
B Costs of $5,000 are awarded to the first respondent.                    

6 December 2016

Judgment appealed from

NR v DISTRICT COURT AT AUCKLAND [2016] NZCA 429    12 September 2016

Leave and recusal judgment - dismissed

NR v MR [2016] NZSC 160     6 December 2016

 

 

Case Number

SC 117/2016

Case Name T v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal on the ground that the use of representative charges covering 10–12 years was unfair.

[2016] NZCA 235   CA 561/2014

Result

The application for leave to appeal is dismissed.                              

10 February 2017

Judgment appealed from

T (CA561/2014) V R [2016] NZCA 235     31 May 2016

Leave judgment - leave dismissed T (SC 117/2016) v R [2017] NZSC 6     10 February 2017

 

 

Case Number

SC 119/2016

Case Name S v The Queen
Summary

Criminal Appeal – Appeal against conviction – Customs and Excise Act 1996, s 151 – Evidence Act 2006, s 30 – Whether Court of Appeal erred in finding s 151 Customs and Excise Act authorised warrantless search – Whether Court of Appeal erred in not excluding evidence under s 30 Evidence Act.    

[2016] NZCA 448   CA712/2015

Result

The application for leave to appeal is dismissed.                             

22 December 2016

Judgment appealed from

S (CA712/2015) v R [2016] NZCA 448  20 September 2016

Leave judgment - leave dismissed

S (SC 119/2016) v R [2016] NZSC 172    22 December 2016

 

 

Case Number

SC 120/2016

Case Name Rae Beverly Adlam v John Tionga Savage, Lawrence Te Aokahari Niao, Patrick Mayne Savage, Samuel Kelvin Barnes and Tamati Drawbridge as Trustees of the Matata Parish 39A 2A Ahu Whenua Trust; and Helen Maria Savage and Raelyn Arihia Peita as Trustees of the Otonga Whanau Trust; and Huia Ann Pacey, John Tionga Savage, Lawrence Te Aokahari Niao, Regina Victoria Rintoul and Samuel Kelvin Barnes as Trustees of the Matata Parish 39A 2B 2B 2A Ahu Whenua Trust
Summary

Civil Appeal – Whether the Court of Appeal erred in reinstating the order of the Māori Land Court requiring the applicant to account to the Bath Trust in the amount of $11,200,000.            
[2016] NZCA 454   CA223/2015

Result

A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the first respondents.
C The order for stay of the determination of the Court of Appeal made on 23 November 2016 is discharged.

17 February 2017

Judgment appealed from RAE BEVERLY ADLAM v JOHN TIONGA SAVAGE & ORS [2016] NZCA 454  22 September 2016
Leave judgment - leave dismissed RAE BEVERLY ADLAM v JOHN TIONGA SAVAGE, LAWRENCE TE AOKAHARI NIAO, PATRICK
MAYNE SAVAGE, SAMUEL KELVIN BARNES AND TAMATI DRAWBRIDGE AS TRUSTEES OF THE
MATATA PARISH 39A 2A AHU WHENUA TRUST [2017] NZSC 11  17 February 2017

 

 

Case Number

SC 122/2016

Case Name Dominique Anita Reti v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 45 – Whether the Court of Appeal erred in holding that visual identification evidence identifying the applicant was properly admitted at trial.                                     

[2016] NZCA 447   CA312/2016

Result

The application for leave to appeal is dismissed.                             

21 December 2016

Judgment appealed from 

RETI v R [2016] NZCA 447      19 September 2016

Leave judgment - leave dismissed

DOMINIQUE ANITA RETI v R [2016] NZSC 169  21 December 2016

 

 

Case Number

SC 125/2016

Case Name Ashor Gorgus v The Queen
Summary

Criminal Appeal – Appeal against sentence – Whether sentence was manifestly excessive.   

[2016] NZCA 508   CA706/2015 

Result

The application for leave to appeal is dismissed.                               

7 December 2016

Judgment appealed from 
Leave judgment - leave dismissed

 

 

Case Number

SC 126/2016

Case Name Ian Edward Hitchcock v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the trial judge’s summing up on consent in relation to a charge of sexual violation was sufficient – Whether the Court of Appeal erred in finding that no miscarriage of justice arose as a result of the trial Judge’s failure to direct the jury that they should consider whether the applicant knew that he was supplying cannabis. 

[2016] NZCA 465   CA265/2015

Results

A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.

8 March 2017

___________

The application for recall is dismissed.

17 May 2017

Judgment appealed from HITCHCOCK V R [2016] NZCA 465    28 September 2016
Leave judgment - leave dismissed IAN EDWARD HITCHCOCK v R [2017] NZSC 29    8 March 2017
Recall judgment - recall dismissed IAN EDWARD HITCHCOCK v R [2017] NZSC 71    17 May 2017

 

 

Case Number

SC 127/2016

Case Name X v YFT
Summary

Civil appeal – Whether the Court of Appeal erred in declining to lift a grant of interim name suppression given to an entity defending historic sexual abuse allegations.  

[2016] NZCA 475   CA741/2015

Result

A The application for leave to appeal is dismissed.
B We make no award of costs.

7 March 2017

HC judgment

X v Attorney-General [2015] NZHC 3149 not published online                          

Judgment appealed from

X v Attorney-General [2016] NZCA 475 not published online

Leave judgment - leave dismissed

X v YFT [2017] NZSC 25     7 March 2017

 

 

Case Number

SC 128/2016

Case Name Y v The Attorney-General
Summary

Civil appeal – Whether the Court of Appeal erred in declining to grant name suppression for proposed witnesses in a case concerning historic sexual abuse allegations. 

[2016] NZCA 474   CA271/2015

Result

A The application for leave to appeal is dismissed.
B We make no award of costs.

7 March 2017

HC judgment

Y v Attorney-General [2015] NZHC 844 not available online

Judgment appealed from Y v Attorney-General [2016] NZCA 474
Leave judgment - leave dismissed Y v THE ATTORNEY-GENERAL [2017] NZSC 26   7 March 2017

 

 

Case Number

SC 129/2016

Case Name F v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding the jury verdicts were reasonable – Whether the Court of Appeal took the correct approach to an automatism disorder – Whether the Court of Appeal erred in finding that there was no juror impartiality.             

[2016] NZCA 180    CA705/2015                                                             

Result

The application for an extension of time to apply for leave to appeal is dismissed.                                                                                        

17 March 2017

Judgment appealed from F (CA705/2015) v R [2016] NZCA 180    6 May 2016
Leave judgment - leave dismissed F (SC 129/2016) v R [2017] NZSC 34     17 March 2017

 

 

Case Number

SC 130/2016

Case Name Gary Owen Burgess v Malley & Co
Summary

Civil Appeal – Whether the Court of Appeal erred in declining to review the Registrar’s decision to decline to dispense with security for costs.  

[2016] NZCA 484   CA251/2016

Result

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

16 February 2017

Judgment appealed from

Burgess v Malley & Co [2016] NZCA 484 not available

Leave judgment - leave dismissed GARY OWEN BURGESS v MALLEY & CO [2017] NZSC 9     16 February 2017

 

 

Case Number

SC 133/2016

Case Name Derek Lester King v The Queen
Summary

Criminal appeal – Whether the Court of Appeal erred by declining to grant further adjournment in the appeal against conviction and sentence. 

[2015] NZCA 506   CA7/2013

Results A notice of abandonment having been lodged, the application is deemed dismissed.
10 April 2017
Judgment appealed from KING v R [2015] NZCA 506   29 October 2015

 

 

Case Number

SC 134/2016

Case Name Todd Aaron Marteley v The Queen
Summary

Criminal Appeal – Whether the applicant was prevented by counsel error from vacating his guilty plea – Whether the Court of Appeal took insufficient time to consider the applicant’s appeal against sentence.

[2016] NZCA 480   CA509/2011

Result

The application for leave to appeal is dismissed.                             

13 March 2017

___________

The application for recall is dismissed.

16 May 2017

_______________

The application for recall is dismissed.
8 June 2017

Judgment appealed from MARTELEY v R [2016] NZCA 480    5 October 2016
Leave judgment - leave dismissed TODD AARON MARTELEY v R [2017] NZSC 31    13 March 2017
Recall judgment - recall dismissed TODD AARON MARTELEY v R [2017] NZSC 72    16 May 2017
Judgment on second recall application TODD AARON MARTELEY v R [2017] NZSC 83   8 June 2017

 

 

Case Number

SC 137/2016

Case Name Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Summary

Civil Appeal – Whether the Court of Appeal erred in refusing to grant an extension of time to file case on appeal – Whether the Court of Appeal erred in refusing application to debar counsel. 

[2016] NZCA 513   CA740/2015

Result

The application for leave to appeal is dismissed.                               

16 February 2017

________________

A The application to recall the judgment is dismissed.
B We direct the Registrar not to accept any further applications by the applicants in respect of their dispute with the respondents.

16 March 2017

Judgment appealed from WHITE v LYNCH [2016] NZCA 513   21 October 2016
Leave judgment - leave dismissed AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2017] NZSC 8   16 February 2017
Recall judgment - recall dismissed AMANDA ADELE WHITE v CHRISTOPHER MAURICE LYNCH [2017] NZSC 32   16 March 2017

 

 

Case Number

SC 139/2016

Case Name Ryan Warren Geary-Smart v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence. 

[2016] NZCA 509   CA132/2015

Result

The applications for leave to appeal are dismissed.

3 March 2017

Judgment appealed from CUMMINGS V R, RW GEARY-SMART V R AND JC GEARY-SMART V R [2016] NZCA 509 20 October 2016
 
Leave judgment - leave dismissed GEARY-SMART v R [2017] NZSC 23    3 March 2017

 

 

Case Number

SC 140/2016

Case Name Jacob Christopher Geary-Smart v The Queen
Summary

Criminal appeal – Evidence Act 2006, s 62 – Whether the Court of Appeal erred by requiring that further independent advice regarding the privilege against self‑incrimination be offered to a co-defendant – Whether the Court erred in refusing to grant leave to admit fresh evidence – Whether the Court erred by upholding the decision to admit propensity evidence – Whether the Court erred in upholding the sentence.                                       

[2016] NZCA 509   CA134/2015

Result

The applications for leave to appeal are dismissed.                          

3 March 2017

Judgment appealed from CUMMINGS V R, RW GEARY-SMART V R AND JC GEARY-SMART V R [2016] NZCA 509  20 October 2016
Leave judgment - leave dismissed GEARY-SMART v R [2017] NZSC 23    3 March 2017

 

 

Case Number

SC 142/2016

Case Name Jacqueline Ann Cameron v The Queen
Summary

Criminal Appeal – Appeal against conviction – Appeal against sentence –  Social Security Act 1964, s 127 –  Crimes Act 1961, s 228(b) – Whether the Court of Appeal erred in its calculation of the debt owed by the applicant –  Whether the Court of Appeal erred in its conclusion regarding the applicant’s counsel –  Whether the Court of Appeal erred in finding there was no miscarriage of justice. 

[2016] NZCA 536   CA505/2013

Result The application for leave to appeal is dismissed.
21 August 2017
Judgment appealed from CAMERON v R [2016] NZCA 536   11 November 2016
Leave judgment JACQUELINE ANN CAMERON v R [2017] NZSC 125 [21 August 2017]

 

 

Case Number

SC 143/2016

Case Name James Gerard Mercer v Commonwealth of Australia
Summary

 

[2016] NZCA 503   CA134/2016                                                               

Result

A The application for leave to appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceedings (except for the parties’ names and result) in news media or on the internet or other publicly available database until final disposition of proceedings either by the Minister of Justice or in the Queensland courts.  Publication in law report or law digest permitted.

16 March 2017

Judgment appealed from
Leave judgment - leave dismissed

 

 

Case Number

SC 144/2016

Case Name Leslie McGeachin v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction on the basis of a number of alleged trial errors – Whether the District Court erred in sentencing the applicant to 19 years’ imprisonment.                                             

[2015] NZCA 558   CA730/2013

Result

A The application for an extension of time to apply for leave to appeal against conviction is dismissed.
B The application for leave to appeal against sentence is dismissed.

24 February 2017

Judgment appealed from MCGEACHIN v R [2015] NZCA 558    19 November 2015
Leave judgment - leave dismissed LESLIE MCGEACHIN v R [2017] NZSC 16   24 February 2017
Recall judgment - recall dismissed LESLIE McGEACHIN v R [2017] NZSC 193 [19 December 2017]

 

 

Case Number

SC 146/2016

Case Name H v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 35 – Whether the Court of Appeal erred in holding that evidence of the complainant’s prior consistent statement was properly admitted at trial – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. 

[2016] NZCA 413   CA498/2015

Result

The application for leave to appeal is dismissed.

18 August 2017

Leave judgment - leave dismissed SAYED REZA HUSSAINI v R [2017] NZSC 122 [18 August 2017]

 

 

Case Number

SC 147/2016

Case Name Malcolm Edward Rabson v Attorney-General
Summary

Civil Appeal – Judicial Review – Whether the High Court Judge erred in striking out the judicial review claim.

[2016] NZHC 2876   CIV 2016-485-000149

Result

A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.

3 March 2017

Judgment appealed from RABSON v ATTORNEY-GENERAL [2016] NZHC 2876   30 November 2016
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v ATTORNEY-GENERAL [2017] NZSC 22  3 March 2017

 

 

Case Number

SC 148/2016

Case Name S v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.

CA 539/2014     [2016] NZCA 575

Result

A The application for leave to appeal is dismissed.
B Order prohibiting publication of name, address, occupation or identifying particulars of applicant remains in force pending final disposition of charges he faces in a different criminal proceeding.

4 April 2017

Judgment appealed from S (CA539/2014) v R [2016] NZCA 575 (Wild, French and Simon France JJ)  not available online
Leave judgment - leave dismissed S (SC 148/2016) v R [2017] NZSC 43    4 April 2017

 

 

Case Number

SC 149/2016

Case Name Bushby v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining application for a non-party disclosure hearing.                            

[2016] NZCA 527 CA 174/2015

Result A notice of abandonment having been filed the appeal is deemed to be dismissed. 10 April 2017
Judgment appealed from BUSHBY v R [2016] NZCA 527   7 November 2016

 

 

Case Number

SC 151/2016

Case Name Jay Maui Wallace (AKA Abdullah Maui Warahi) v Chief Executive of the Department of Corrections
Summary

Civil appeal – Whether the Court of Appeal erred in declining to grant a writ of habeas corpus.                                               

[2016] NZCA 602    CA 622/2016 

Result

The application for leave to appeal is dismissed.                              

1 February 2017

HC judgment
WALLACE v CHIEF EXECUTIVE OF DEPARTMENT OF CORRECTIONS [2016] NZHC 2965   6 December 2016                                                  
Judgment appealed from

WALLACE (AKA ABDULLAH MAUI WARAHI) v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZCA 602   13 December 2016

Leave judgment - leave dismissed WALLACE v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 1    1 February 2017

 

 

Case Number

SC 152/2016

Case Name Michael Kristian Olsen v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in rejecting the applicant’s claim of trial counsel error – Whether fresh evidence undermines the safety of the applicant’s conviction.                  

[2016] NZCA 256   CA632/2014

Result

A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.

2 March 2017

Judgment appealed from OLSEN V R CA632/2014 [2015] NZCA 256    18 June 2015
Leave judgment - leave dismissed MICHAEL KRISTIAN OLSEN v R [2017] NZSC 18    2 March 2017

 

 

Case Number

SC 153/2016

Case Name Kamal Singh v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 44 – Whether the Court of Appeal erred in its application of s 44. 

CA 197/2016    [2016] NZCA 552  

Result

The application for leave to appeal is dismissed.                               

24 March 2017

Judgment appealed from SINGH v R [2016] NZCA 552   25 November 2016
Leave judgment - leave dismissed KAMAL SINGH v R [2017] NZSC 37 [24 March 2017]

 

 

Case Number

SC 154/2016

Case Name Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that compensatory damages for breach of copyright could not be awarded to the applicant.  CA 304/2016   [2016] NZCA 554   

Result

A notice of abandonment having been lodged, the application for leave to appeal is deemed to be dismissed.                                      

20 February 2017

_______________________________

The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.

26 May 2017

Judgment appealed from NAPIER TOOL & DIE LTD v ORAKA TECHNOLOGIES LTD [2016] NZCA 554    28 November 2016
Judgment (as to costs) ORAKA TECHNOLOGIES LIMITED v NAPIER TOOL & DIE CO LIMITED [2017] NZSC 79 [26 May 2017]

 

 

Case Number

SC 155/2016

Case Name Duncan John Napier and Sara Ann Napier v Torbay Holdings Limited and Torbay Rest Home Limited
Summary

Civil Appeal – Restitution – Whether the Court of Appeal erred in finding that the applicants were liable for money had and received – s 161 Employment Relations Act 2000 – Whether the Court of Appeal erred in finding that an action for negligence did not fall within the exclusive jurisdiction of the Employment Relations Authority.

CA 647/2015    [2016] NZCA 608

Result A notice of abandonment having been filed the appeal is deemed to be dismissed. 06 April 2017
Judgment appealed from

 

 

Case Number

SC 156/2016

Case Name W v The Family Court at North Shore and The Chief Executive of the Ministry of Social Development
Summary

Civil Appeal – Whether the High Court erred in dismissing the applicant’s application for judicial review of a Family Court Minute discharging a restraining order.

CIV 2014-404-001670    [2014] NZHC 2483

Result

A The application for an extension of time to appeal is dismissed.
B Costs of $2,500 are awarded to the second respondent.

17 March 2017

Judgment appealed from W v THE FAMILY COURT AT NORTH SHORE [2014] NZHC 2483   9 October 2014
Leave judgment - leave dismissed W (SC156/2016) v THE FAMILY COURT AT NORTH SHORE [2017] NZSC 35   17 March 2017

 

 

Case Number

SC 157/2016

Case Name Lynda Rose Barry v Francis Carlisle
Summary

Civil Appeal – Whether the Court of Appeal erred in declining an application for specific performance.

CA 446/2015    [2016] NZCA 551

Result

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

4 May 2017

Judgment appealed from BARRY v CARLISLE [2016] NZCA 551     24 November 2016
Judgment re-issued - leave dismissed LYNDA ROSE BARRY v FRANCIS CARLISLE [2017] NZSC 64  4 May 2017