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Case summaries 2006

 

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Last updated 29 March 2010

 

Case Number SC98/2006  
Case Name

Wayne Peter Hitchings v The Queen

Summary

Criminal – appeal against conviction – whether material acquired by the Crown was evidence “going to rebut notified alibi defences and therefore not disclosable” or whether it was material that would assist the defence and therefore disclosable as of right – whether failure to disclose the evidence prejudiced the defence preparation for trial – whether Court of Appeal erred in finding that applicant would have had difficulty presenting two alibi defences, when the underlying argument was that the applicant was at home at the relevant time – whether evidence was inconsistent with this defence – whether trial was unfair.

CA 519/05 27 November 2006

Dates 9 March 2007 Application for leave to appeal dismissed.

 

Case Number SC97/2006  
Case Name

Edgar Alan Moray Burns and Yvonne Joy Burns v ANZ National Bank of New Zealand

Summary

Summary Civil – applicants sought to cancel settlement agreement made with respondent bank – proceedings arose out of claim against bank alleging breach of trust or fiduciary obligation by bank in failing to pay to applicants proceeds of sales of trees made by an agent of the applicants (knowing receipt) – failure on the part of respondent to discover documents which were discovered in a similar subsequent case involving another party – ss 7(3) and (4) Contractual Remedies Act – Court of Appeal found that there was a representation that discovery was adequate or complete when it was inadequate and incomplete – Court of Appeal found that applicants failed in their assertion of existence of agency relationship, having argued vendor/purchaser relationship in previous proceedings – whether Court of Appeal erred in holding that materiality is a necessary element of inducement – whether Court of Appeal erred in speculating how representors would have acted had position not been misrepresented to them to determine substantiality.

CA 269/05 27 November 2006

Dates

Application for leave to appeal refused.

17 April 2007

 

Case Number SC96/2006  
Case Name

Southbourne Investments Limited v Greenmount Manufacturing Limited

Summary

Civil appeal – option in deed of lease to purchase the relevant land - lessee’s purported exercise of option rejected by lessor because the exercise allegedly failed to conform with terms of the option – Court of Appeal, applying the Reporoa Stores “exact compliance” test, held that the option was validly exercised – whether the Court of Appeal in substance applied the “exact compliance” test – whether there was in fact “exact compliance” with the terms of the option.

CA 90/06 21 November 2006

Dates Application for leave to appeal granted.
20 April 2007
Hearing Date

28 June 2007
Decision Reserved

Appeal Hearing Date 28 June 2007
Decision The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.

The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.

2 August 2007

 

Case Number SC95/2006  
Case Name

John Anthony Reid v The Queen

Summary

Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act.

CA 474/06 6 December 2006

Dates Application for leave to appeal granted. 29 May 2007.
Hearing 10 and 11 October 2007.
Decision Reserved.
Decision Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together ith reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses.

 

Case Number SC94/2006  
Case Name

Josko Sestan v The Director of Area Mental Health Services, Waitemata District Health Board

Summary

Civil– application to appeal from decision of the Court of Appeal declining to issue writ of habeas corpus – whether a person detained under the Mental Health (Compulsory Assessment and Treatment Act) 1992 has all the rights of a person detained contained in the New Zealand Bill of Rights Act 1990 – whether Court of Appeal erred in wrongly or inadequately analysing whether the applicant was mentally disordered – whether Court of Appeal erred in failing to place burden properly on respondent to show mental disorder – whether reasons for dangerousness finding sufficient – whether Family Court and Court of Appeal erred in finding applicant was mentally disordered – whether inadequate reasons given for finding of mental disorder – whether applicant wrongly deprived of due process rights.

CA 254/06 12 December 2006

Dates

15 February 2007 Application for leave to appeal dismissed.
7 March 2007 Application for costs dismissed.

 

Case Number SC93/2006  
Case Name

Colyn David Stoves v The Queen

Summary

Criminal – appeal against sentence – recidivist drink driving offending – whether Court of Appeal erred in confirming sentencing judge’s assessment of aggravating and mitigating factors – whether sentence partially reflected offending outside scope of present charges, in breach of s 25 New Zealand Bill of Rights Act 1990 – whether Court of Appeal erred in confirming that applicant’s ‘poor responses’ to community work and bail obligations properly contributed to refusal of leave to apply for home detention

CA 264/06 7 November 2006

Dates 15 February 2007 Application for leave to appeal dismissed.

 

Case Number SC92/2006  
Case Name

Christopher John Manawatu v The Queen

Summary

Criminal – applicant convicted of aggravated robbery and driving while disqualified – applicant convicted in separate proceeding of three counts of manslaughter, and one charge each of reckless driving and excess blood alcohol – no appeal against conviction or sentence – whether s 398 Crimes Act infringes ss 14, 25(a) and 25(h) New Zealand Bill of Rights Act 1990 or Articles 14(1), 19(2) and 26 of ICCPR – whether s 398 discriminates against criminal appellants, there being no equivalent provision applying to civil cases – whether Court of Appeal should have disclosed to counsel prior to the hearing that s 398(1) is in the process of being repealed - whether Court of Appeal should have made Declaration of Inconsistency of s 398 with BORA - whether undue appellate delay – whether there should be a reduction in sentence by reason of appellate delay.

CA 111/05 CA 112/05 10 November 2006

Dates 8 March 2007 Application for leave to appeal dismissed.

 

Case Number SC91/2006  
Case Name

The New Zealand Airline Pilots’ Association Industrial Union of Workers Incorporated v Air New Zealand Limited

Summary

Civil appeal – whether s44(2) of the Holidays Act 2003 permits an employee’s entitlement to the observance of designated public holidays to be transferred by agreement to another day or days so as to remove, in respect of the specified public holidays, entitlement under the Act to payment on a time and a half basis – whether leave to appeal should be granted notwithstanding that the applicant succeeded in the Court of Appeal..

CA 474/06 6 December 2006

Dates 7 March 2007 Application for leave to appeal granted
Appeal Hearing Date 13 and 14 June 2007
Decision Appeal and Cross Appeal dismissed.
Order of Court of Appeal remitting the proceeding to the Employment Court stands.
Costs to appellant $25,000 plus disbursements.
Order for Costs in Court of Appeal stands.

 

Case Number SC90/2006  
Case Name

Kay Halton Skelton v Christopher Dean Jones

Summary

Civil appeal – abduction of parties’ child – applicant currently imprisoned for contempt for non-compliance with orders made by High Court under Habeas Corpus Act 2001 –appeal to Court of Appeal abandoned following decision now subject of application for leave to appeal in SC 88/2006 – applicant also facing criminal proceedings in relation to abduction – whether habeas corpus proceedings in High Court should be stayed or struck out as abuse of process – whether breach of natural justice prior to orders being made – whether sufficient evidential basis for orders – whether orders interim or final – whether High Court, having ordered release of child in discharge of its function under the Habeas Corpus Act, lacked jurisdiction to make further orders relating to swearing of affidavit by, and cross-examination of, applicant – whether orders, with or without accompanying safeguards, breached applicant’s right to silence as a person charged with a criminal offence (s 25 New Zealand Bill of Rights Act 1990).

CIV 2006 419 1489 18 October 2006

Dates 6 December 2006
Appeal Hearing Date 6 December 2006
Decision Appeal dismissed. Costs reserved. Reasons to be given later.

 

Case Number SC89/2006  
Case Name

Patricia Linda Owens v The Chief Executive of the Ministry of Social Development

Summary

Summary Civil – applicant in receipt of benefits paid by Work and Income – failure to declare interest in a flat which was rented out – applicant did not deliberately mislead WINZ – whether inequitable for WINZ to seek repayment of accommodation supplement – whether relative fault can be taken into account for the purposes of s 86(9A) Social Security Act 1964 – whether principles from common law change of position defence apply to s 86(9A).

CA 131/05, CA 132/05 30 October 2006

Dates 20 Febuary 2007 Application for leave to appeal dismissed. Costs $1500 to respondent.

 

Case Number SC88/2006  
Case Name

Nikala Janice Taylor v Christopher Dean Jones

Summary

Civil appeal – applicant implicated in abduction of child – orders made against applicant by High Court pursuant to application under Habeas Corpus Act 2001 – standard of proof applicable in ordering that person in shoes of applicant release another person from detention – whether sufficient evidential basis to justify making of orders – whether Court of Appeal erred in disclaiming jurisdiction to hear appeal against orders on basis that they were interim rather than final – whether Court of Appeal erred in affirming High Court’s direction for oral examination of applicant – adequacy of interim orders made by Court of Appeal to protect applicant against self-incrimination.

CA 2302006 10 November 2006

Dates 6 December 2006 Leave to appeal granted
Appeal Hearing Date 6 December 2006
Decision Appeal allowed. Orders made in the High Court quashed. Supression of name to lapse at 9 am on 7 December 2006. Costs reserved. Reasons to be given later.

 

Case Number SC87/2006  
Case Name

Lindsday Allan Clark v Libra Developments Limited and Russell Ernest Hyslop

Summary

Civil – partnership – First Respondent removed from companies register and subsequently reinstated – whether Court of Appeal erred in finding that parties’ partnership continued on removal from the register of the First Respondent – whether Court of Appeal erred in finding the partnership included new ventures entered into during the period the First Respondent was removed from the register – whether s 158 Companies Act validates actions of sole director after bankruptcy results in his or her being disqualified from holding office – whether company removed from the register capable of continuing to be a partner in a partnership – effect on partnership of company’s property vesting in the Crown (s 324 Companies Act) if partnership not automatically dissolved.

CA 26/05 31 October 2006

Dates 15 March 2007 Application for leave to appeal dismissed. Costs $2,500 and disbursements to the respondent.

 

Case Number SC86/2006  
Case Name

David James Thomas Watt v The Queen

Summary

Summary Criminal – appeal against conviction – criminal breach of trust – applicant was trustee and executor of an estate – applicant billed estate and paid himself out of estate funds – finding that applicant knew he was not entitled to be paid – sentenced to 15 months’ imprisonment – whether Court of Appeal erred in upholding conviction.
CA 131/06 17 October 2006

Dates 30 July 2007 Application for leave to appeal dismissed.

 

Case Number SC85/2006  
Case Name

Prime Commercial Limited v Wool Board Disestablishment Company Limited

Summary

Summary Civil appeal – applicant unsuccessful participant in “informal” tender process conducted by respondent – whether summary judgment should have been granted for respondent – whether Courts below erred in rejecting existence of process contract and thereby all other causes of action – whether duty of care or statutory duty owed by respondent to applicant in conducting sale process – whether Courts below erred in finding that representations by respondent were neither negligent nor (in terms of s 9 Fair Trading Act 1986) misleading or deceptive.

CA 110/05 18 October 2006

Dates 7 March 2007 Application for leave to appeal dismissed.

 

Case Number SC84/2006  
Case Name Wi Te Tau Huata v The Queen
Summary

Summary Criminal – appeal against conviction – whether Court of Appeal erred in dismissing appeal – applicant convicted of four counts of fraud and one count of perverting the course of justice.


CA 411/05 20 October 2006

Dates

15 February 2007  Application for leave to appeal dismissed.

 

Case Number SC83/2006  
Case Name

Brendon Douglas Neal Forrest v The Queen

Summary

Criminal – appeal against sentence – appearance of bias on part of one of the Judges hearing the appeal in the Court of Appeal – whether Court of Appeal erred in concluding that acknowledged factual error in sentencing remarks did not influence overall sentence imposed – whether Court of Appeal erred in regarding sentence as “stern” but not manifestly excessive.


CA 83/06 12 October 2006

Dates Application for leave to appeal dismissed. 11 December 2006

 

Case Number SC82/2006  
Case Name

Anthony Arbuthnot v Chief Executive of the Department of Work and Income

Summary

Civil – applicant was overpaid benefits – whether Court of Appeal erred in confusing review and appeal provisions under statute with administrative power of review – whether the decision of the Benefit Review Committee on the status of the beneficiary could only be reviewed by the Chief Executive on the basis of new information or some change in circumstance – whether Court of Appeal erred in finding that it would not be an abuse of process for the Chief Executive to be able to put an issue decided in the beneficiary’s favour before the Authority at the time the beneficiary appealed other issues – whether a decision of the BRC varying a decision of the Chief Executive creates an estoppel against the Chief Executive – whether the Court of Appeal erred in not distinguishing between the decision of the Chief Executive, and the decision as modified by the Authority.

 

CA  256/05  3 October  2006
Dates 8 March 2007 Application for leave to appeal granted.
Appeal Hearing Date 29 May 2007
Decision Appeal dismissed. Cost reserved.
19 July 2007

 

Case Number SC81/2006  
Case Name

Ross Ferguson Burns v The Queen

Summary

Criminal appeal – appeal against conviction – appellant convicted of indecent assault but acquitted of sexual violation by unlawful sexual connection – whether there is an inconsistency between the verdicts such as to give rise to a substantial miscarriage of justice – whether admission of a child complainant’s evidence that altered in the course of successive evidential interviews gives rise to a substantial miscarriage of justice.

CA 55/06 12 June 2006

Dates 18 December 2006 – Application for leave to appeal is dismissed.

 

Case Number SC80/2006  
Case Name

Murray Alexander Menzies v The Queen

Summary

Criminal – Court of Appeal’s jurisdiction – alleged application and effect of International Covenant on Civil and Political Rights in this regard – alleged power of the Court to strike down or disregard legislation.

CA 144/06 13 September 2006

Dates 28 November 2006 Application for leave to appeal dismissed.

 

Case Number SC79/2006  
Case Name

Richard Roberts v The Queen

Summary

Criminal appeal – appeal against conviction – whether failure by trial counsel to call evidence from applicant gave rise to a substantial miscarriage of justice – whether failure by appellate counsel to raise the above failure by trial counsel as a point of appeal gave rise to a substantial miscarriage of justice – whether the Supreme Court should entertain these grounds of appeal given they were not raised in the Court of Appeal – whether the Supreme Court should receive fresh evidence concerning these grounds of appeal.

CA 446/05 14 September 2006

Dates Notice of abandonment being lodged, the appeal is deemed to be dismissed.
7 December 2006.

 

Case Number SC78/2006  
Case Name

Geoffrey Paul Affleck v The Queen

Summary

Criminal – appeal against conviction – trial conducted on basis that applicant’s wife was asleep during alleged sexual offending against daughter’s friend – wife present in Court but did not give evidence – wife gave evidence to Court of Appeal that she was awake and witnessed no offending – whether Court of Appeal erred in finding it “inconceivable” that such crucial evidence would not have been communicated to, or would have been ignored by, counsel – whether Court of Appeal erred in rejecting evidence as honest but “implausible” and in refusing to order a re-trial.


CA 446/05 14 September 2006

Dates The application for leave to appeal is dismissed.

4 December 2006

 

Case Number SC77/2006  
Case Name

Paul Bicknell v Tauranga District Court

Summary

Criminal – appeal from decision in case stated proceeding – private prosecution by applicant for the alleged theft of dairy cattle in 1994 – whether District Court Judge erred in failing to issue warrants for the arrest of three witnesses at trial – District Court Judge found he did not have the power to issue a warrant as no Notice of Summons had been served on the witnesses under s 181(3) Summary Proceedings Act 1957 – Court staff had failed to serve notice of the hearing date on witnesses – applicant not competent to serve such a notice.

CA234/05 11 September 2006

Dates The application for leave to appeal is dismissed.
8 December 2006

 

Case Number SC76/2006  
Case Name

Royal New Zealand Foundation of the Blind v Auckland City Council

Summary

Civil – local government – levying of rates – Local Government Act 2002, Schedule 1, Part 1, cl 5(e), Part 1 – whether relevant rating exemption does not apply to land owned by applicant for its purposes and not acquired or held as a gift but which is nevertheless let to commercial tenants – whether exemption should be construed to indicate and/or be applied in light of inferred legislative purpose that land not directly used to provide services of charitable nature should be rateable – whether the meaning of “except as an endowment” is relevant to the application of the rating exemption and informs the policy underpinning the exemption – whether anomalies arising from natural and ordinary interpretation of exemption should be left to Parliament to address (if at all).

CA 171/05 29 August 2006

Dates Application for leave to appeal granted. 27 November 2006
Appeal Hearing Date 19 April 2007
Decision

Appeal dismissed.
Costs to respondent $15,000 plus disbursements.

2 August 2007.

 

Case Number SC75/2006  
Case Name

Hayden Mattherw Johnston & Earnsleugh Vineyard Ltd v Schist Mountain Orchards Litd

Summary

Civil – contract – interpretation of agreement for sale and purchase - whether Court of Appeal erred in determining that the agreement permitted the respondent to obtain consent for a subdivision that contained a right of way with dimensions fixed by the territorial authority and not limited to the minimum standards in the relevant District Plan and/or did not require the respondent to obtain the minimum dimensions acceptable to the territorial authority – whether Court of Appeal erred in determining the width of easement in question “of no real moment” – whether applicant able to insist on conditions that limit respondent’s use of easement

CA 99/05 24 August 2006

Dates The application for leave to appeal is dismissed.
The applicants are to pay the respondent costs in the sum of $2,500 plus disbursements to be fixed if necessary by the Registrar.

13 November 2006

 

Case Number SC74/2006  
Case Name

Ricardo Genovese v The Queen

Summary Criminal – appeal against conviction – allegation that applicant denied his right to representation – refusal by trial judge of adjournment to allow counsel to familiarise himself with the file – whether this amounted to breach of Bill of Rights Act – whether warrants defective in inferring applicant was legally represented – whether counsel failed to raise appeal against sentence and Bill of Rights in Court of Appeal.

CA 151/02 CA 151/02 20 September 2005.

Dates 28 November 2006 Application for leave to appeal dismissed.

 

Case Number SC73/2006  
Case Name

Michael Frank Templeton v The Queen

Summary

Criminal – appeal against conviction and sentence – party to firearms offences – counsel incompetence – whether trial counsel misled or pressured applicant into not giving evidence – whether applicant fit to stand trial – whether sentence manifestly excessive.

CA 460/05 6 July 2006

Dates 16 February 2007 Application for leave to appeal dismissed.

 

Case Number SC72/2006  
Case Name

Kimberley  Birkenfeld v Yachting New Zealand Inc

Summary

Civil – application by respondent for decree limiting its liability – whether Court of Appeal was correct in holding that a rigid inflatable boat (under 24m in length) is a ‘ship’ for the purposes of the application of s 85 of the Maritime Transport Act 1994 – whether purpose of Limitation Convention to facilitate commercial shipping – application of the International Convention on Tonnage Measurement of Ships.

CA 171/05 9 August 2006

Dates 10 November 2006 Application for leave to appeal dismissed. Costs $1,5000 to respondent.

 

Case Number SC71/2006  
Case Name

Myles James  de Montalk v The Queen

Summary

Criminal – application for leave to appeal out of time – whether Court of Appeal’s alleged refusal to disclose evidence was tainted by racial, religious, or ethnical bias – whether Court of Appeal thereby in breach of New Zealand Bill of Rights Act 1990, s 25(a).

CA 11/04 27 June 2006

Dates 18 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC70/2006  
Case Name

Alain Michael Yves Mafart and Dominique Angela Francoise Prieur v Television New Zealand Limited

Summary

Civil – Criminal Proceedings (Search of Court Records) Rules 1974 – video footage of guilty pleas in 1985 trial for bombing of Rainbow Warrior – whether Court of Appeal erred in failing adequately to take account of the administration of justice – whether Court of Appeal erred in failing to protect privacy interests of appellants, or in balancing those interests with freedom of information – whether Court of Appeal erred in departing from previous decisions in respect of the footage – whether Court of Appeal and High Court erred in failing to uphold assurance given to counsel by Judge in 1985 in respect of footage – whether assurance overtaken by consent orders.

CA 92/05 7 and 10 August 2006

Dates

Application for leave to appeal dismissed. Costs of $2,500 to respondent.

26 September 2006

 

Case Number SC69/2006  
Case Name

Brent John Gilchrist v The Queen

Summary

Criminal – Tax Administration Act – tax evasion – applicant convicted of knowingly failing to provide Commissioner of Inland Revenue with information when required to do so pursuant to a notice to furnish information – standard of proof of delegation of authority from Commissioner – standard of intent to evade payment of tax.

CA 29/06 18 August 2006

Dates 29 September 2006 – Application for leave to appeal granted.
Appeal Hearing Date 7 December 2006
Decision Appeal Appeal dismissed.

 

Case Number SC68/2006  
Case Name

Noel Clement Rogers v Television New Zealand Limited

Summary

Civil – privacy – freedom of expression – order for permanent injunction, suppressing publication of video tape, made by High Court and quashed by Court of Appeal – tape contained reconstruction of murder by applicant – tape ruled inadmissible at murder trial due to breaches of New Zealand Bill of Rights Act 1990 – applicant acquitted at trial – claim that publication of tape would constitute unlawful interference with applicant’s privacy – whether Court of Appeal erred in giving insufficient weight to principles of proper and fair administration of justice – applicability of defence of legitimate public concern – threshold for prior restraint.

CA 12/06 7 August 2006

Dates 17 October 2006 – Application for leave to appeal granted.
Appeal Hearing Date 14 December 2006 – Decision reserved
Decision Appeal dismissed. No order as to costs.

16 November 2007.

 

Case Number SC67/2006  
Case Name

Kahala Holdings Limited (formerly Nalder & Biddle (Nelson) Limited v C & F Fishing Ltd

Summary

Civil – contract – incorporation of exclusion clauses – whether Court of Appeal erred in finding clauses had not been sufficiently brought to the attention of the respondent – whether Court of Appeal erred in effectively applying a two-stage test to the incorporation of the conditions in question – whether conditions were unusual or onerous in the circumstances.

CA 145/05 31 July 2006

Dates 21 November 2006 – Applications for leave to appeal and cross appeal dismissed.
Costs $2,5000 plus disbursements to the respondent.

 

Case Number SC66/2006  
Case Name

Darryl Shane Wilson v The Queen

Summary

Criminal appeal – appeal against sentence – whether application of sentencing guidelines in R v Taueki [2005] 3 NZLR 372 to offending which took place before the issue of that decision is contrary to the prohibition on retrospective increases in penalty in s 25(g) of the New Zealand Bill of Rights Act, s 6(1) of the Sentencing Act 2002, various international covenants, and/or good sentencing practice/fairness.

CA 334/05 31 July 2006

Dates

18 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC65/2006  
Case Name

Michael John Jones v The Queen

Summary

Criminal – defendant pleaded guilty on arraignment to counts of assault with a weapon and threatening to kill – whether Court of Appeal erred in dismissing appeal against conviction on the ground of undue delay.

 

CA 27/06 25 July 2006
Dates 10 October 2006.
Notice of Abandonment being lodged, the application is deemed to be dismissed.

 

Case Number SC64/2006  
Case Name

Tania Joy Lamb v Massey  University

Summary

Civil –judicial review of decisions in respect of appellant’s training for primary teaching – allegation that conduct of respondent and High Court Judge impacted negatively on case – whether High Court failed to take into account relevant material – whether breach of natural justice by the respondent in excluding the applicant from study.

High Court Palmerston North 19 October 2004

Dates 18 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC63/2006  
Case Name

Steven Samuels v The Proprietors of Matauri X Incorporation

Summary

Civil – Te Ture Whenua Maori Act 1993 – direct appeal from Maori Appellate Court – validity of shareholders’ resolution to amend objects and powers of Incorporation to empower it to give effect to settlement with creditors – existence of mandate and validity of constitution of Incorporation – whether notice of shareholders’ meeting to non shareholder owners, their whanau and hapu required – whether Maori Appellate Court erred in finding that “implied demand” for poll voting process by any 5 persons present at meeting sufficient for compliance with s 275(5) .

 

Maori Appellate Court   - Appeal 2006/6  20 July 2006  
Dates 18 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC62/2006  
Case Name

Keith Hugh Nicholas Berryman and Margaret Berryman v The New Zealand Defence Force

Summary

Civil – costs award – whether Court of Appeal erred in finding an allegation of misconduct against a non-party was irrelevant to a costs order – allegation against armed forces of negligence in the construction of the applicants’ bridge – allegation that armed forces have abused the process of the Court – applicants held not to be entitled to documents sought in application for non-party discovery – costs principles.

 

CA 95/05  13 July 2006
Dates 31 October 2006.
Application for leave to appeal dismissed.

 

Case Number SC61/2006  
Case Name

Yi Hua Jiao and others v Ivan Barge

Summary

Civil appeal – dispute concerning sale and purchase of commercial property – appellant found to have committed tort of inducing breach of contract and tort of an unlawful means conspiracy – whether errors of fact and/or law were made by the Court of Appeal with respect to the validity of a sale and purchase agreement.

CA 236/05    19 July 2006

Dates 2 October 2006 – Application for leave to appeal dismissed. Costs tp Respondent of $2,500. Application for leave to adduce furtherevodence is dismissed.

 

Case Number SC60/2006  
Case Name

Deo Dhatt Sharma v The Queen

Summary

Criminal – appeal against assault convictions – whether acknowledged failure of natural justice and inadequate answer to jury question on one assault count tainted verdicts on other counts – whether Court of Appeal erred in applying proviso in s 385(1) Crimes Act 1961 to dismiss appeals relating to other counts – whether Court of Appeal entitled to apply the proviso in breach of right to fair trial affirmed in s 25(a) New Zealand Bill of Rights Act 1990 – obligations of trial Judge in ensuring fair trial for unrepresented accused.

Dates 2 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC59/2006  
Case Name

Frank Louis Miessen v The Queen

Summary

Criminal – appeal against conviction for threatening to kill – former police officer threatening to kill the Prime Minister – whether verdict unreasonable and cannot be supported having regard to the evidence – whether Crown counsel’s opening statement improper – whether counsel error in failing to call evidence or put substantial defence –admissibility of evidence – whether defendant detained by police – whether police gave defendant adequate Bill of Rights advice and caution.

CA 222/05 6 July 2006

Dates Application for leave to appeal dismissed.

26 September 2006,

 

Case Number SC58/2006  
Case Name

Arshad Mahmodd Chatha v The Queen

Summary

Criminal – appeal against pre-trial ruling in High Court – whether change of venue necessary for applicant to have fair and impartial trial – whether High Court Judge erred in dismissing s 344A Crimes Act 1961 application for exclusion of evidence obtained pursuant to search warrant – further disclosure and discovery sought – alleged corruption of prosecution witnesses in New Zealand and overseas – challenge to bail condition preventing applicant from leaving New Zealand to “investigate matters relevant to the preparation of his defence” – whether undue delays in investigation and prosecution warranting discharge.

CRI 2004 054 4551   18 July 2006

Dates 11 September 2006 Notice of Abandonment being lodged, the application is deemed to be dismissed.

 

Case Number SC57/2006  
Case Name

Nigel Nia Nia Wilson v The Queen

Summary

Criminal – appeal against conviction – driving with excess blood alcohol – whether discrepancy in blood test results raised issue as to whether tests were reliable – whether Court of Appeal erred in applying the proviso to s 385 of the Crimes Act 1961.

CA 433/05 3 July 2006

Dates 2 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC56/2006  
Case Name

Arshad Mahmodd Chatha v The Queen

Summary

Criminal – appeal against convictions and sentence – fair trial – whether search and seizure giving rise to theft charges was illegal and unreasonable – whether District Court Judge could be satisfied beyond reasonable doubt on those charges – whether sentence of community work properly available – competence of counsel in District Court – alleged predetermination and bias in High Court – whether applicant given adequate opportunity to put his case in High Court and Court of Appeal.

CRI 2005 454 22 1 July 2005

Dates 29 August 2006 Application for leave to appeal dismissed

 

Case Number SC55/2006  
Case Name

Mission Bay Pharmacy Limited v Drive Holdings Limited

Summary

Civil – application for summary judgment – whether Court of Appeal erred in upholding High Court decision granting summary judgment – whether any oral agreement to lease was enforceable between the parties by virtue of s 47 Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 – whether respondent had waived conditions as to time – whether a general contractual obligation of good faith exists – conduct of contractual negotiations.
CA 98/05 29 June 2006

Dates Notice of Discontinuance being filed, the application for leave to appeal is dismissed. 28 August 2006.

 

Case Number SC54/2006  
Case Name

Patricia Lenine Mabel Walsh v The Queen

Summary

Criminal – appeal against convictions for forgery – appellant used fax machine to transmit, from overseas, copies of false documents to persons in New Zealand – whether a facsimile copy of a false document is itself a false document – Crimes Act 1961, former ss 263, 264 (ss 255, 256 as amended 2003)
CA 208/05 26 June 2006

Dates

Leave to appeal granted. September 1 2006

Appeal Hearing Date 8 November 2006
Decision The 34 counts of forgery are amended, pursuant to s 335 of the Crimes Act 1961, to counts of uttering. The sentences on those counts are affirmed. The appeal is dismissed.

19 December 2006

 

Case Number SC53/2006  
Case Name

James Charles Morris Parlane v Waipa District Council

Summary

Criminal – third appeal against conviction and sentence – breaches of fire control bylaw – reference in bylaw to incinerator standard “withdrawn” by Standards New Zealand before bylaw passed – whether this reference invalidated part or whole of bylaw or took applicant outside its reach – severability of subparagraph including reference – whether Court of Appeal wrong to hold that a local authority may consider a revoked standard to be appropriate for its practical purposes – Court of Appeal emphasised that applicant has brought separate public law proceedings seeking quashing of bylaw – whether Court of Appeal wrong to conclude that severance of subparagraph by High Court, whether or not appropriate, unnecessary because bylaw valid on evidence before it – applicant also seeking reversal of costs order in District Court under Costs in Criminal Cases Act 1967.

CA 319/05  6 July 2006

Dates Application for leave to appeal is dismissed, with costs of $1,000 to the respondent.

September 19 2006

 

Case Number SC52/2006  
Case Name

Anthony Kevin Peters v The Queen

Summary

Criminal –application to appeal directly from High Court – applicant tried jointly with co-accused after Court of Appeal allowed appeal by Solicitor-General against severance of trials – legal test to be applied by Court of Appeal in determining appeals against exercise of discretion by trial Court – whether joint trial denied applicant a fair hearing.

CRI 2005 –009 – 5245 High Court Christchurch

Dates Application for leave to appeal dismissed.

26 September 2006,

 

Case Number SC51/2006  
Case Name

Alan Ivo Greer v The Queen

Summary

Criminal appeal – Bail Act 2000 - whether Court of Appeal erred in refusing application for bail pending hearing of appeals from convictions on driving and sexual offences – whether bail is necessary to obtain a fair hearing of the appeals.

CA 161/03 CA 179/06 15 June 2006

Dates

Application for leave to appeal dismissed.
September 26 2006

 

Case Number SC50/2006  
Case Name

Ronald Gerald Clark v The Queen

Summary

Criminal appeal – appeal against conviction for driving with excess blood alcohol – after failed breath screening test applicant handcuffed for duration of trip to police station – at station handcuffs immediately removed - applicant failed evidential breath test – whether handcuffing amounting to an arrest and, if so, whether the arrest was in breach of the New Zealand Bill of Rights Act 1990 – whether for the purposes of exclusion of evidence there was the necessary causal link between breach and the failed evidential breath test.
CA 479/05 12 June 2006

Dates

Application for leave to appeal dismissed.

26 September 2006

 

Case Number SC49/2006  
Case Name

Susan Couch v The Attorney-General

Summary

Civil – appeal against Court of Appeal judgment, striking out claims for misfeasance in public office and negligence – applicant surviving victim of attack in 2001 on Panmure RSA – Department of Corrections acknowledged errors undoubtedly occurred in the handling of attacker’s case – Attorney-General sued on behalf of Department of Corrections – whether Court of Appeal erred in striking out claim for negligence – applicant claiming assailant should not have been allowed or encouraged to work in an ‘inappropriate industry’ – whether Department of Corrections should have better monitored assailant – whether Court of Appeal erred in striking out claim for misfeasance in public office – whether restriction has been placed on state of mind requirement of misfeasance.
CA 238/05 17 May 2006

Dates Leave to appeal is granted.
The approved ground is whether the cause of action based on negligence was correctly struck out.
1 September 2006
Appeal Hearing Date 17 April 2007 and 23 March 2009
Decision

Appeal allowed. Order of the Court of Appeal is set aside and the proceedings are remitted to the High Court for hearing.

 Respondent to pay to the appellant costs of $27,5000 together with reasonable disbursements. Costs in the lower Courts to be  fixed.

  24 March 2010,

 

Case Number SC48/2006  
Case Name

Khyentse Rinpoche Lama v Ross Hope and others

Summary

Civil – religious purpose trust – lay trustees to be supervised by Karmapa (head of Karma Kagyu School of Buddhism) – appellant, not a trustee, appointed by Karmapa as spiritual director – longstanding, international dispute within School over identity of Karmapa’s new incarnation – Court of Appeal recognised non-justiciability of religious and spiritual issues – correct approach to interpreting and enforcing purpose trusts – whether Court of Appeal erred in interpreting trust deed – whether trust deed gave appellant power to remove trustees – whether alternative application by appellant to remove trustees limited to Trustee Act 1956, s 51 or invoked the Court’s inherent jurisdiction to remove – the scope of that inherent jurisdiction – whether Court of Appeal wrong to conclude that appellant had not alleged improper conduct or breaches of trust deed by trustees – whether reinstatement of trustees by Court of Appeal gave rise to an ‘impossible situation’ inimical to attainment of the trust’s objects.
CA 51/05 CA 119/05 7 June 2006

Dates Applications for leave to appeal by both the appellant and respondent are dismissed, with cost to the respondent $1,000.

19 September 06

 

Case Number SC47/2006  
Case Name

Wali Javad Allahyai v The Queen

Summary

Criminal – appeal against Court of Appeal judgment, dismissing appeals against conviction and sentence for wounding with intent to cause grievous bodily harm – fresh evidence – whether the Court of Appeal erred by not admitting fresh evidence advanced on appeal to that court – further fresh evidence that should be admitted now – whether there was an unfair trial and appeal due to police conduct.

CA 330/04    7 June 2006

 

Case Number SC46/2006  
Case Name

Amaltal Corporation Limited v Maruha Corporation and Maruha (NZ) Corporation Limited

Summary

Civil – appeal against Court of Appeal judgment on the application of s 28 Limitation Act 1950 – whether the Court of Appeal erred in either applying the wrong legal test, or applying the correct test wrongly – tort of deceit – whether the respondents’ claim for deceit was statute barred – meaning of “reasonable diligence” in s 28 – whether, with reasonable diligence, the respondent could have discovered the deceit.

Cross-appeal – commercial joint venture – whether the Court of Appeal erred in rejecting the respondents’ action for breach of fiduciary duty – whether the Court of Appeal erred in reducing the amount of damages awarded to the respondents – correct method of calculating damages for deceit.

CA 232/04 1 June 2006

Dates A. Amaltal’s application for leave to appeal is dismissed with costs to the respondents of $2,500.
B. Maruha Corporation and Maruha (NZ) are granted leave to appeal.
C. The approved grounds of the Maruha appeal are:

(i) Whether Amaltal was in breach of any fiduciary duty owed by it to Maruha.
(ii) Whether the Court of Appeal erred in reducing the damages awarded by the High Court to Maruha.

6 September 2006

Appeal Hearing Date

20 February 2007
Decision The appeal is allowed. The respondent is found to have breached a fiduciary duty owed to the appellants.
The judgment sum is increased to $5,832,214.92.
The respondent is to pay the appellants’ costs in this Court in the amount of $15,000 plus reasonable disbursements to be fixed if necessary by the Registrar.

The award of costs to the appellants in the Court of Appeal is increased to $40,000.

1 June 2007

 

Case Number SC45/2006  
Case Name

Moshen Aghabiggi v The Queen

Summary

Criminal – appeal against conviction for sexual violation, attempted rape, and fraud – whether applicant should have been granted an adjournment to call a witness overseas and to allow exploration of potential defence – whether delay in police disclosure of complaint form, and the fact that complainant had not made complaint until later than originally thought, resulted in a miscarriage of justice – whether trial judge erred in directions to jury on defence to third count – whether overall a miscarriage of justice occurred.

CA 408/05 31 May 2006

 

Case Number SC44/2006  
Case Name

Zentrum Holdings Limited and Ngahemi Properties Limited  v The Commmisioner of Inland Revenue

Summary

Civil – tax administration – in Taxation Review Authority (“TRA”) CIR argued unsuccessfully that Zentrum had benefited by a tax avoidance arrangement – on appeal to High Court CIR sought to argue that relevant transactions were shams – whether jurisdictional bar to raising sham argument for first time in High Court – whether it would have been open to CIR to employ sham argument in TRA – whether CIR v VH Farnsworth Ltd [1984] 1 NZLR 428 applies – whether sham argument is subject to time bar in Tax Administration Act 1994, s 108

CA 215/05 23 May 2006

Dates

Application for leave to appeal granted.

19 September 2006

Decision Notice of abandonment being lodged, the appeal is deemed to be dismissed.
4 April 2007.

 

Case Number SC43/2006  
Case Name Henkel Kgaa v Holdfast NZ Limited
Summary

Civil – copyright infringement – appellant, who was successful in High Court, a “world leader” in the industry using same copyright works throughout the world – whether Court of Appeal failed to take account of statutory presumptions in Copyright Act 1994, s 127 – whether Court of Appeal ignored relevant authorities and misapplied the tests for infringement of compilations and for work derived from admittedly infringing copies – whether Court of Appeal relied upon two erroneous findings about the appellant’s case in the High Court, resulting in a substantial miscarriage of justice
CA 248/04  17 May 2006

Dates Leave to appeal granted. 4 August 2006
Appeal Hearing Date 7 November 2006 Decision reserved
Decision Appeal dismissed. Costs to respondent $15,000 plus disbirsements.
30 November 2006

 

Case Number SC42/2006  
Case Name Alan Ivo Greer v The Attorney - General
Summary

Criminal – appeal against Court of Appeal judgment dismissing application for habeas corpus – whether Court of Appeal erred in finding that habeas corpus not the appropriate remedy where applicant alleges denial of appeal rights – whether a denial of appeal rights caused by lack of information and availability of appropriate appeal forms to prisoners – whether a denial of appeal rights where Court of Appeal refuses to accept for filing appeals on obsolete or incorrect forms – delay in appeal rights.
CA 5/06 22 May 2006

 

Case Number SC41/2006  
Case Name Qui Jian v The Queen
Summary

Criminal Appeal – appeal against conviction for blackmail – whether standard of proof required for Crown to satisfy co-conspirators rule of evidence is on balance of probabilities or reasonable evidence of common intention – whether failure to advise defendant to testify in her own defence amounted to a miscarriage of justice – whether trial judge failed to give sufficient direction to jury on use which could be made of threats made by alleged co-conspirators.
CA 495/05 
3 May 2006

Dates 29 September 2006 – Application for leave to appeal granted.
Hearing 15 February 2007
Decision Appeal allowed, conviction is quashed. New Trial ordered.

5 July 2007

 

Case Number SC40/2006  
Case Name Glen Dallas Goldberg v The Queen
Summary

Criminal – appeal against conviction and sentence for wilfully attempting to pervert the course of justice – appellant wrote letters purporting to be from rape complainants, suggesting that their complaints were false – whether appellant gave counsel instructions to pass the letters on to police – whether Court of Appeal erred in failing to accept breach of solicitor/client privilege – whether Court of Appeal erred in failing to exclude evidence of psychologists in sentencing – whether the Court of Appeal erred in finding sentence not manifestly excessive – conduct of Crown counsel.
CA 10/05
4 May 2006

Dates Application for leave to appeal dismissed. 9 August 2006

 

Case Number SC 39/2006  
Case Name Commerce Commission v Fonterra Co-Operative Group Limited
Summary

Civil – dairy industry restructuring – raw milk regulations – whether “cost of capital rate” refers to cost of equity capital rate or to “Weighted Average Cost of Capital” – Dairy Industry Restructuring (Raw Milk) Regulations 2001, reg 9(1)
CA 175/05
4 May 2006

Dates

Application for leave to appeal granted.  17 August 2006

Appeal Hearing Date 12 December 2006
Decision The appeal is allowed and all relevant orders made in the courts below are set aside.

A. The Court declares that the capital referred to in reg 9(1) of the Dairy Industry Restructuring (Raw Milk) Regulations 2001 is the respondent’s equity capital.
B. The respondent is to pay the appellant costs of $15,000 plus disbursements to be fixed, if necessary, by the Registrar.

In the absence of agreement costs below are to be fixed by the courts below.

 

 

Case Number SC 38/2006  
Case Name Junior Farms Ltd v Hampton Securities Ltd (In Liquidation)
Summary

Civil – conveyancing transactions – damages awarded against first respondent for value of land for which first respondent failed to compensate appellant – whether quantum erroneously calculated by trial Judge – whether trial Judge mistaken as to how original purchase price had been calculated – trial Judge’s award, confirmed by Court of Appeal, less than half of the figure claimed by appellant and unchallenged at trial – Court of Appeal’s determinations on interest not challenged.
CA 218/04,
CA 258/04
12 April 2006

Dates

The applications for leave to appeal by both the appellant and second respondent are dismissed.   16 August 2006

 

Case Number SC 37/2006  
Case Name David Charles Adams v The Queen
Summary

Criminal – appeal against conviction for fraudulently using a document (a GST return) for the purposes of obtaining a pecuniary advantage – applicant incorporated a company for the purposes of reducing ACC levies of clients – applicant secured set-off against company’s GST liability and avoided accounting for GST collected by company – whether Court of Appeal erred in refusing to accept defence (not raised at trial) that company not liable for GST as not carrying on a taxable activity as defined in s 6 Goods and Services Tax Act 1985 – constitutional consequences of acceptance of applicant’s argument adverted to by Court of Appeal.
CA 313/05 12 April 2006

Dates 21 July 2006 Application for leave to appeal dismissed.

 

Case Number SC 36/2006  
Case Name The Secretary for Justice As the New Zealand Central Authority v HJ
Summary Summary Civil appeal * Care of Children Act 2004 * children wrongfully removed to New Zealand by one parent * other parent made application for an order for children to be returned to Australia * statutory defence to an order available under s 106(1)(a) - whether the Court of Appeal erred in its construction of s 106(1)(a) * whether the Court of Appeal erred in its exercise of discretion under s 106(1)(a).

CA 149/04 11 April 2006

Dates 27 June 2006. Leave to appeal granted.
Appeal Hearing Date 15 August 2006
Decision The appeal is dismissed. Costs are reserved
16 November 2006

 

Case Number SC 35/2006  
Case Name John Wharemako Gillies v The Queen
Summary Criminal – defendant convicted for possession of drugs for supply – whether Court of Appeal erred in refusing to consider whether trial judge had misdirected jury – whether trial judge obliged to direct jury to consider a defence reasonably open to it but disavowed by the defendant.
CA 252/05 28 March 2006
Dates 20 July 2006. Appeal dismissed.

 

Case Number SC 34/2006  
Case Name Alistair James Haskett v The Queen
Summary Criminal – appeal against conviction for driving at a speed exceeding 100 kilometres per hour – use of speed camera image as evidence of offence – whether production of image purporting to be taken by approved vehicle surveillance equipment is sufficient evidence to prove offence – requirements for testing and accuracy of approved vehicle surveillance equipment – Land Transport Act 1998, ss 145, 146
CA 261/05 30 March 2005
Dates 3 July 2006 - Application for leave to appeal dismissed.

 

Case Number SC 33/2006  
Case Name Peter Mana McNamara v The Queen
Summary Criminal – appeal against conviction – sexual offending – complainant protected by Evidence Act 1908, s 23A – complainant’s credibility in issue – Crown Prosecutor addressed complainant’s sexual experience and reputation in submissions – defence unable to respond to those submissions without leave – whether the submissions breached the spirit and intent of s 23A – whether the trial Judge failed to adequately direct jury not to accept or to ignore the submissions
CA 310/05  11 April 2006
Dates 29 June 2006 - Application for leave to appeal dismissed.

 

Case Number SC 32/2006  
Case Name Michael David Kidd v Alexander Pieter Van Heeren
Summary

Civil – partial stay of proceedings – principles to be applied in lifting a discretionary stay – whether Court of Appeal erred in stating the test – issue estoppel, forum conveniens, and conflict of laws issues.
CA 191/05 23 March 2006

Dates 26 June 2006 - Application for leave to appeal dismissed. Costs $2000 plus disbursements to the respondent.

 

Case Number SC 31/2006  
Case Name Brian Raymond Terry v The Queen
Summary

Criminal – appeal against conviction for assault with intent to injure – whether a substantial miscarriage of justice occurred because the Court of Appeal declined to direct the Crown to forensically examine a certain garment introduced at trial by the defence.
CA 154/05 23 March 2006

Dates 14 June 2006 – leave to appeal dismissed.

 

Case Number SC 30/2006  
Case Name Doreen Warnock & Combined Beneficiaries Union Inc v Chief Executive of the Minitry of Social Development
Summary

Civil – social security – advances made to beneficiary for repair/maintenance of home – policy of the Department of Social Security (as it was then known) to charge interest on advances – whether the discretion to make advances “subject to such terms and conditions as the Director-General may determine” under Social Security Act 1964, s 125 empowers the Director-General to make an advance subject to the payment of interest where the payment of interest does not arise by necessary implication from the provisions of the Act – whether the interest component of an advance under s 125 was a tax – whether the Court of Appeal was in error to treat the common law approach to the charging of interest as being “not particularly helpful…in this particular instance.”
CA 10/05 16 March 2006

Dates 21 June 2006 – Leave to Appeal dismissed.

 

Case Number SC 29/2006  
Case Name Brett Ronald Larsen v Rick Dees Limited
Summary

Civil appeal – agreement for sale and purchase of ten residential units – delays in settlement - vendor issued settlement notice - notice specified that on receipt from purchaser of faxed bank cheque for settlement figure, title documents would be delivered – purchaser transferred funds electronically before the time limit but confirmation fax only received after time limit – Court of Appeal allowed appeal from decision of High Court in which purchaser’s claim for specific performance was dismissed on basis that purchaser had not settled in accordance with the settlement notice – whether the Court of Appeal erred in finding that the purchaser had fulfilled its obligation to settle in terms of the settlement notice -  whether the Court of Appeal applied the correct provision of the Contractual Remedies Act 1979 with respect to the vendor’s entitlement to cancel.  
CA 82/05 13 March 2006

Dates 2 June 2006 – Leave to Appeal granted.
Decision The appeal is allowed and the judgment of the High Court dismissing the respondent’s claim is restored.
The appellant is awarded costs in this Court of $15,000 and reasonable disbursements to be fixed if necessary by the Registrar. The appellant is also awarded costs in the Court of Appeal of $6,000 and reasonable disbursements to be fixed if necessary by the Registrar of that Court.

1 June 2007

 

Case Number SC 28/2006  
Case Name Aotearoa International Limited v Paper Reclaim Limited
Summary

Civil – exclusion from export venture – whether Court of Appeal erred in its determination of an appropriate notice-of-termination period – whether Court of Appeal wrong to interfere with trial Judge’s finding that respondent’s sales of waste paper to third party for export was in breach of its contract with the applicant – whether Court of Appeal wrong to deny applicant equitable relief for loss arising from breach of fiduciary duty – whether Court of Appeal wrong to interfere with trial Judge’s finding that respondent’s principals made false affidavits and gave false evidence in denying existence of contract and therefore whether Court of Appeal erred in setting aside costs awarded on an indemnity basis.
CA 70/04 14 March 2006

Dates 2 June 2006 – Leave to Appeal granted.
Appeal Hearing Date To be Advised.

 

Case Number SC 27/2006  
Case Name B v M
Summary

Civil appeal – Property (Relationships) Act 1976 – appeal against two judgments of the Court of Appeal dated 22 March 2006 and 29 March 2006 respectively – in relation to first judgment, whether the Court of Appeal erred in assessment of relationship property
CA 13/05 29 March 2006

Dates 13 October 2006 – Application for leave to appeal dismissed.

 

Case Number SC 26/2006  
Case Name B v M
Summary

Civil appeal – Property (Relationships) Act 1976 – appeal against two judgments of the Court of Appeal dated 22 March 2006 and 29 March 2006 respectively – in relation to first judgment, whether the Court of Appeal erred in assessment of relationship property
CA 13/05 22 March 2006

Dates 18 June 2006 – Notice of Abandonment being lodged, the appeal is deemed to be dismissed.

 

Case Number SC 25/2006  
Case Name Paper Reclaim Limited v Aotearoa International Limited
Summary

Civil – whether the Court of Appeal erred in finding that the appellant’s liability to the respondent would be for lost commissions between 2 February 2001 and the end of a reasonable notice period – whether the letter of 2 February 2001 was a repudiation – whether damages recoverable are damages for that repudiation – basis upon which damages to be calculated – interrelationship between repudiation and resultant cancellation of a contract.
CA 70/04 14 March 2006

Dates 2 June 2006 – Leave to Appeal granted.
Appeal Hearing Date To be Advised.

 

Case Number SC 24/2006  
Case Name Kevin Jack Ngan v The Queen
Summary

Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21.
CRI 2005 054 001296 3 March 2006

Dates 12 June 2006 – Leave to Appeal directly to this Court dismissed.

 

Case Number SC 23/2006  
Case Name Anthony Keith Peters v The Queen
Summary

Criminal law - appeal against order by Court of Appeal that there be a joint trial of applicant and another - whether trials of two accused on one count of murder should be severed - right to a fair trial - whether discretion of trial judge should have been interfered with - duty of Court of Appeal to give reasons - whether this Court has jurisdiction to hear an appeal against a pre-trial determination by the Court of Appeal.
CA 430/05 22 March 2005CA

Dates 7 June 2006 – Leave to Appeal dismissed.

 

Case Number SC 22/2006  
Case Name T v The Queen
Summary

Criminal - appeal against conviction for permitting a girl under the age of 12 to do an indecent act upon the applicant - whether the Court of Appeal erred in determining that the trial Judge was correct in allowing the jury to view the complainant's videotaped interview during their deliberations - whether the Court of Appeal erred in finding that the trial Judge was not required to warn the jury not to give disproportionate weight to the evidence of the complainant, having seen it twice - whether the Court of Appeal correctly determined that a previous incident between the complainant and her mother related directly or indirectly to the sexual experience of the complainant under s23A Evidence Act, or was otherwise irrelevant.
CA 455/06 2 March 2006CA

Dates 11 April 2006 – Leave to Appeal dismissed.

 

Case Number SC 21/2006  
Case Name David John Young v The Queen
Summary

Criminal appeal - conviction under s 45(1) of the Arms Act 1983 for possession of an airgun except for some lawful, proper, and sufficient purpose - Court of Appeal dismissed appeal against conviction - whether Court of Appeal erred in interpretation and application of ss 42 and 48 of the Crimes Act 1961 - whether the Court of Appeal erred in interpretation and application of ss 4 and 27 of the New Zealand Bill of Rights Act 1990 - whether the Court of Appeal failed to address a ground of appeal.
CA 266/05 8 March 2005CA

Dates 6 June 2006 – Leave to Appeal dismissed.

 

Case Number SC 20/2006  
Case Name Marlene Patricia Te Wii Haggie v Piki Tawhaki Haggie
Summary

Civil – appeal against Family Court decision on division of relationship property – whether Family Court had jurisdiction to make the orders it did – land listed as general land on certificate of title – argued by applicant in Family Court and High Court that land is customary Maori land and that both courts lacked jurisdiction to determine the issue – whether Privy Council retains inherent jurisdiction under Article the Third of the Treaty of Waitangi or under ss5 and 6 of the Imperial Laws Application Act to determine the status of land – whether status of the land is in question because Crown never “acquired tenure by fair purchase” – whether the extinguishment of the right of appeal to the Privy Council was in breach of Article the Third of the Treaty of Waitangi and the principles of equity in s99 Judicature Act 1908 – whether applicant entitled to appeal to the Privy Council for status orders declaring land in question Maori land – whether Privy Council remains the “court of last resort for native sovereign proprietors” of land – applicant seeks declaration that abolition of appeals to Privy Council ineffective in respect of “native sovereign proprietors”.

Dates 10 May 2006 – Application for leave to amend the application for leave to appeal and Leave to Appeal both dismissed. Costs to respondent of $2,500.

 

Case Number SC 19/2006  
Case Name Timothy Holden Tipple v The Queen
Summary

Criminal – appeal against conviction and sentence for dealing with a firearm with reckless disregard for the safety of others – Arms Act 1983, s 53(3) – whether purposive approach should be taken to interpretation of criminal offences – meaning of “reckless disregard” – whether recklessness has objective component – whether “deals with a firearm” includes supervising third party use of the firearm – admissibility of evidence obtained by police prior to cautioning – whether verdict unreasonable or not supported by the evidence – allegations of bad faith or bias against police and District Court Judge – consequences of amending indictment mid-trial – effect of facts proved at trial on sentencing – Sentencing Act 2002, s 24(1) – whether entitled to discharge without conviction – Sentencing Act 2002, s 106
CA 217/05 22 December 2005

Dates 11 April 2006 – Leave to Appeal dismissed.

 

Case Number SC 18/2006  
Case Name Fiona Prasad v Chief Executive of the Ministry of Social Development
Summary

Civil – social security – beneficiary owner and mortgagor of two flats on same property – beneficiary living in one flat and renting the other out – whether beneficiary’s “accommodation costs” encompasses total outgoings on the property, or only that portion of the outgoings referable to the flat occupied as a home – meaning of “premises” – Social Security Act 1964, s 61E
CA 119/04 22 December 2005

Dates 10 April 2006 – Leave to Appeal dismissed.

 

Case Number SC 17/2006  
Case Name Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Summary

Civil - allotment of participatory securities - numerous causes of actions brought against respondents alleging, among other things, an allotment in breach of Securities Act 1978, s 37(2), and issuing a prospectus containing untrue statements in breach of Securities Act 1978, s 56 - causes of action struck out as an abuse of process, being time barred pursuant to the Limitation Act 1950 - whether the doctrine of “reasonable discoverability” should apply to all causes of action.
CA 86/04 22 December 2005

Dates 4 April 2006 – Leave to Appeal granted.
Appeal Hearing Date 21 and 22 November 2006.
Decision reserved.
Decision  

 

Case Number SC 16/2006  
Case Name Gillian Moana Buchanan and Lynette Catherine Symes v Chief Executive of the Department of Inland Revenue
Summary

Civil appeal – employees dismissed for breach of Inland Revenue Code of Conduct - Court of Appeal dismissed personal grievances and orders for reinstatement made in the Employment Relations Authority and upheld in the Employment Court - whether the Court of Appeal erred in holding that ignorant non-compliance with Code does not give rise to presumption that actions do not constitute serious misconduct – whether the Court of Appeal erred in stating the test for disparity of treatment by including a third element that the dismissal must be justified notwithstanding the disparity for which there is no adequate explanation – whether the Court of Appeal’s decision to determine whether there was disparity of treatment on the facts rather than refer the matter back to the Employment Court constituted a substantial miscarriage of justice.
CA 2/05 22 December 2005

Dates 6 June 2006 – Leave to Appeal dismissed, costs of $2,500 to respondent.

 

Case Number SC 15/2006  
Case Name Trustee Executors Limited v Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Summary

Civil - allotment of participatory securities - 'payment' of minimum amount within 4 months of registered prospectus - whether the tender and acceptance of a cheque on terms that it be held and its value offset against the amount payable to its drawer on settlement can "be deemed to have been paid" within the meaning of Securities Act 1978, s 37(2)(a) - whether statutory supervisor owes common law duty of care in addition to duty to exercise reasonable diligence imposed by statutory implication and Deed of Participation - whether a duty as trustee of funds received pursuant to an offer of securities can be imposed in addition to an express duty as statutory supervisor - whether exclusion clause in Deed of Participation can exclude liability except for breach of the statutory implied duty to exercise reasonable diligence - whether negligent or inadvertent breach of trust can amount to (equitable) fraud for the purposes of Limitation Act 1950, s 28.
CA 86/04 22 December 2005.

Dates 4 April 2006 – Leave to Appeal granted
Appeal Hearing Date 21 and 22 November 2006
Decision reserved

 

Case Number SC 14/2006  
Case Name Allan Borley v The Queen
Summary

Criminal – appeal against conviction for sexual violation and indecent assault – evidence of child complainants – whether sufficient evidence for conviction – whether accused’s decision not to give evidence was compromised due to erroneous advice by trial counsel
CA 121/05 12 December 2005

Dates 12 April 2006 – Leave to Appeal dismissed.

 

Case Number SC 13/2006  
Case Name AMP v Macalister Todd
Summary

Civil – insurance – solicitor trustee negligently failed to recognise that GST was payable on sale of trust assets – whether solicitor’s firm entitled to indemnity from insurer – whether Court of Appeal failed to address a principal ground of appeal – whether claim against firm arose “from a trading loss or trading liability incurred by a business managed by or carried on by the insured” – whether claim against own firm by solicitor in capacity as trustee is a claim “made against” the firm – whether causation between solicitor’s negligence and loss – which party has onus to show causation – whether evidential basis to find that trustees would have secured indemnity from trust funds had solicitor not been negligent
CA 108/05 15 December 2005

Dates 4 July 2006 - Application for leave to appeal granted.
Hearing Date 20 0ctober 2006
Decision Appeal allowed, Judgment entered for the appellant on the respondents claim. No award of costs. 8 December 2006.

 

Case Number SC 12/2006  
Case Name The University of Newlands and Rochelle Marianne Forrester v Nationwide News Pty Limited.
Summary

Civil – defamation – jurisdiction – University of Newlands allegedly defamed on Australian website – whether an act or omission for or in respect of which damages are claimed occurred in New Zealand, pursuant to High Court Rules, r 219(a) – whether good arguable case on the merits – whether sufficient evidence of reputation, publication, or damage
CA 202/04 9 December 2005

Dates 29 March 2006 – Leave to Appeal dismissed.

 

Case Number SC 11/2006  
Case Name Alwyn Keith Caie v The Atttorney-General and The New Zealand Police
Summary Civil - appeal against decision of Court of Appeal dismissing appellant's appeal against decision of the High Court in which appellant succeeded - application for rehearing - approach to appeal by successful party in the Court below - appeal against reasoning but not findings themselves - whether Court of Appeal erred in restricting the presentation of arguments by the appellant to justiciable issues.
CA 108/01 22 December 2005
Dates 10 March 2006 – Leave to Appeal dismissed.

 

Case Number SC 10/2006  
Case Name Alan John Shirley v Wairarapa District Health Board
Summary Civil - costs - defendant in negligence proceedings persuaded plaintiff to join second defendant - plaintiff discontinued proceedings against first defendant after accepting settlement offer - second defendant successfully defended claim in full hearing - whether second defendant entitled to costs against first defendant.
CA 43/05 7 December 2005
Dates 21 March 2006 – Leave to Appeal granted
Appeal Hearing Date 1 June 2006
Decision Appeal dismissed. Costs to respondent $15,000 plus disbursements 23 August 2006

 

Case Number SC 9/2006  
Case Name Jocelyn Mary Imms v Craig Wesley Gunson and others
Summary Civil - Family Protection Act - application for directions in the High Court - scope of s 64 of the Trustee Act 1956 - will containing option to purchase shares in company that owned a farm - trustees' proposal to subdivide land.
CA 55/05 13 December 2005
Dates 4 April 2006 – Leave to Appeal dismissed

 

Case Number SC 8/2006  
Case Name Emelysifa Jessop v The Queen
Summary Criminal - appeal against conviction and sentence for aggravated robbery - whether Court of Appeal was unlawfully constituted contrary to New Zealand Bill of Rights Act 1990 ("NZBORA"), ss 25(a), 25(h); International Covenant on Civil and Political Rights ("ICCPR"), arts 14, 26; Judicature Act 1908, ss 9A, 58, 58G - whether undue trial or appellate delay contrary to NZBORA, s 25; ICCPR art 14 - whether failure to consider rights of the child pursuant to NZBORA, s 25(i); United Nations Convention on the Rights of the Child - admissibility of identification parade and video interview evidence - whether case should have been re-committed to High Court - whether trial judge biased - effect of principle of equality of arms - adequacy of trial judge's summing up - whether sentence manifestly excessive .
CA 13/00 19 December 2005
Dates 27 March 2006 – Leave to Appeal dismissed.

 

Case Number SC 7/2006  
Case Name Martin Charles Cox v The Queen
Summary Criminal law - appeal against conviction for assault with intent to commit sexual violation and sexual violation - whether the conduct of the Crown at trial justified the ordering of a new trial - whether the direction to the jury would have left the jury in doubt as to the burden of proof - misdirection on the core issue - approach to questioning in cross-examination that tends to breach solicitor/client privilege - prior consistent statement evidence.
CA 240/05 7 December 2005
Dates 31 March 2006 -  Leave to Appeal dismissed.

 

Case Number SC 6/2006  
Case Name Taunoa and Others v Attorney-General and Another
Summary Civil - prisoners claims for compensation for mistreatment by the Department of Corrections - whether Department breached the First, Second and Fourth appellants' rights not to be subjected to cruel, degrading, or disproportionately severe treatment or punishment under New Zealand Bill of Rights Act 1990 ("NZBORA"), s 9 - whether Department breached the appellants' right to natural justice under NZBORA, s 27(1) - whether the Department breached the appellants' equivalent rights under the International Covenant on Civil and Political Rights ("ICCPR") and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT") - whether Attorney-General's failure to hold a prompt and impartial investigation of the complaints breached NZBORA, s 9 or CAT or ICCPR - whether Standard Minimum Rules for the Treatment of Prisoners 1955 form part of customary international law - whether Prisoners' and Victims' Claims Act 2005 is inconsistent with NZBORA ss 9, 23(5), 27(1); CAT arts 2, 14, 16; ICCPR arts 10(1), 14, 26 - whether Victims' Special Claims Tribunal is independent and impartial or breaches the principles of separation of powers and equality before the law.
CA 82/04 8 December 2005
Dates 12 April 2006 – Leave to Appeal granted
Appeal Hearing Date 9 and 10 August 2006
Decision The appeals are dismissed.

The cross-appeals are allowed to the following extent:
1. The damages awarded to Mr Taunoa are reduced to $35,000.
2. The damages awarded to Mr Robinson are reduced to $20,000.
3. The damages awarded to Mr Kidman are reduced to $4,000.

The cross-appeal in relation to Mr Gunbie is dismissed.

Costs are reserved.

31 August 2007

 

Case Number SC 5/2006  
Case Name Tess Jean Edwards v The Queen
Summary Criminal law - appeal from Court of Appeal decision on Solicitor-General appeal against sentence for injuring with intent to injure - whether Court of Appeal erred in refusing to vacate guilty plea - whether Court of Appeal erred in allowing appeals by Solicitor-General and substituting a sentence of three and a half years' imprisonment - whether the Court of Appeal should have remitted the case to the District Court to allow the appellant to reconsider her guilty plea in light of its decision that the sentencing Judge misinformed himself in light of the Court of Appeal's decision in Taueki .
CA 390/05 7 December 2005
Dates 28 March 2006 – Leave to Appeal granted.
Appeal Hearing Date 14 June 2006
Decision 20 July 2006. Appeal dismissed.

 

Case Number SC 4/2006  
Case Name Joseph Junior Sipa v The Queen
Summary Criminal law - appeal from Court of Appeal decision on Solicitor-General appeal against sentence for injuring with intent to injure - whether Court of Appeal erred in allowing appeals by Solicitor-General and substituting a sentence of three and a half years' imprisonment - approach when accused relies on sentencing indication given to co-offender - appellant entered guilty plea on the basis of sentencing indication given to his co-offender (his de facto partner) - whether the Court of Appeal should have remitted the case to the District Court for re-sentencing in light of its decision in R v Edwards .
CA 390/05 7 December 2005
Dates 28 March 2006 – Leave to Appeal granted.
Appeal Hearing Date 14 June 2006
Decision 20 July 2006. Appeal dismissed.

 

Case Number SC 3/2006  
Case Name Ellerslie Park Holdings Limited v The Attorney-General
Summary Civil - appeal against judgment of Court of Appeal striking out all causes of action against A-G - "leaky building syndrome"; - strike out principles as applied to public law negligence contexts - approach to imposition of a duty of care - whether there is a tenable cause of action that the respondent owed a duty of care to the appellant not to approve untreated kiln-dried timber for use in framing - whether the Court of Appeal erred in striking out all causes of action against the A-G.
CA 30/05 30 November 2005
Dates Oral hearing 12 June 2006
Leave to appeal refused 20 June 2006.

 

Case Number SC 2/2006  
Case Name Jeffrey George Lopas and Lorraine Elizabeth McHerron v The Commissioner of Inland Revenue
Summary Civil - tax - whether "the amount specified for the purposes of s 51(1)"; in the Goods and Services Tax Act 1986, s 52(1) refers only to the monetary sum specified in s 51(1)(a) or to s 51(1) as a whole (including the exclusions in paras (c) and (d)) - whether the Commissioner of Inland Revenue can advance submissions contrary to propositions of law contained in the Commissioner's Statement of Position .
CA 253/04 30 November 2005
Application for leave to appeal dismissed. Costs to respondent $1,500.00
  2 August 2006

 

Case Number SC 1/2006  
Case Name Ross Alexander Williams v The Queen
Summary Criminallaw - appeal against conviction for selling and cultivation of cannabis- whether Court of Appeal erred in refusing to admit new evidence -whether Court of Appeal erred in finding the new evidence was not fresh- failure of counsel on appeal to follow instructions to call trialcounsel to give evidence relating to preparation for trial misconductof trial counsel - failure of counsel on appeal to argue thatconvictions lack evidentiary basis - whether trial Judge erred inadmitting evidence obtained via an unlawful search.
CA 63/05 9 December 2005
Dates 24 May 2006 – Leave to appeal dismissed.