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Leave to appeal dismissed 2019

2019 | 2018 | 2017  | 2016  | 2015 | 2014

2019 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 16 April 2019     

 

Case number

SC 2/2019

Case Name Michael Main v New Zealand Police
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against the decision of the Deputy Registrar to refuse the application for leave to appeal. 

Result

The application for leave to appeal is dismissed.

18 February 2019

High Court judgment MAIN v POLICE [2018] NZHC 1828 [15 October 2018]
Judgment appealed from - Court of Appeal [2018] NZCA 527 [26 November 2018]_
Leave judgment - leave dismissed MAIN v NEW ZEALAND POLICE [2019] NZSC 2 [18 February 2019]

 

Case number

SC 3/2019

Case Name Robert Noe and Atrap Incorporated v Ratzapper Australasia Limited
Summary

Civil Appeal – Arbitration Act 1996, sch 1, art 36 – Whether the applicant was “otherwise unable to present” his case – Whether the Court of Appeal erred in dismissing the appeal against enforcement of the arbitral award.

Result A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
27 March 2019
High Court judgment RATZAPPER AUSTRALASIA LTD v NOE [2017] NZHC 2931 [28 November 2017]
Judgment appealed from - Court of Appeal Noe v Ratzapper Australasia Ltd [2018] NZCA 597 [18 December 2018]
Leave judgment - leave dismissed ROBERT NOE v RATZAPPER AUSTRALASIA LIMITED [2019] NZSC 33 [27 March 2019]

 

Case number

SC 5/2019

Case Name Caleb Afamasaga v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in analysing the prejudicial effect of text messages produced at trial – Whether that error was a miscarriage of justice   

Result

The application for an extension of time to make an application for leave to appeal is dismissed.
27 February 2019

High Court judgment not publicly available
Judgment appealed from - Court of Appeal AFAMASAGA V R, MAKALIMA V R AND BANABA V R [2015] NZCA 615 [18 December 2015]
Leave judgment - leave dismissed CALEB AFAMASAGA v R [2019] NZSC 16 [27 February 2019]

 

Case number

SC 6/2019

Case Name Richard Lyall Genge v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining the application to withdraw the notice of abandonment and bring an appeal out of time.

Result The application for leave to appeal is dismissed.
3 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 9/2019

Case Name Jenny Lyn Walker v Nelson District Court and Nelson City Council
Summary

Civil Appeal – Whether a Court of Appeal Judge erred in declining to review a Deputy Register’s security for costs decision.   

Result

A The applications for a stay and for leave to appeal are dismissed.
B The applicant must pay the second respondent costs of $2,500.
11 March 2019

High Court judgment
Judgment appealed from - Court of Appeal
[2018] NZCA 550 
Leave judgment - leave dismissed

  

Case number

SC 11/2019

Case Name Talley's Group Limited v Worksafe New Zealand
Summary

Criminal Appeal – Criminal Procedure Act 2011, s 379 – Use of prosecution summary of facts – Whether the Court of Appeal erred in not dismissing the defective charging documents – Whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process. 

Result The application for leave to appeal is dismissed.
5 April 2019
High Court judgment WORKSAFE NEW ZEALAND v TALLEYʼS GROUP LIMITED [2017] NZHC 1103 [25 May 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

 

Case number

SC 12/2019

Case Name James Hardie Industries Plc, James Hardie NZ Holdings & RCI Holdings Pty LImited v Karen Louise White, Waitakere Group Limited, Metlifecare Pinseong Limited, Forest Lake Gardens Limited, Vision (Dannemora) LImited (Name changed to Metlifecare Dannemora Gardens Limited) & Metlifecare Coast Villas Limited
Summary

Civil Appeal – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant owed a duty of care to those affected by the actions or omissions of its subsidiaries – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant breached the Fair Trading Act 1986 – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant was a “manufacturer” of goods in breach of the Consumer Guarantees Act 1993 – Whether the Court of Appeal erred in dismissing the applicants’ appeal against a decision of the High Court not to grant summary judgment – (cross-appeal) Whether the Court of Appeal was correct to set aside a decision of the High Court partially upholding a protest to jurisdiction. 

Result
High Court judgment WHITE v JAMES HARDIE NEW ZEALAND [2017] NZHC 2105 [31 August 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 13/2019

Case Name ANZ Bank New Zealand Limited v Financial Markets Authority
Summary

 

Result A The applications for leave to appeal in SC 13/2019 and SC  21/2019 are dismissed.  
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available
Leave judgment - leave dismissed

 

Case number

SC 21/2019

Case Name ANZ Bank New Zealand Limited v Financial Markets Authority
Summary

Civil Appeal – Whether the Court of Appeal erred in its redactions of two published judgments pending determination of the Applicant’s substantive appeal to the Supreme Court.  

Result A The applications for leave to appeal in SC 13/2019 and SC  21/2019 are dismissed.  
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available
Leave judgment - leave dismissed ANZ BANK NEW ZEALAND LIMITED v FINANCIAL MARKETS AUTHORITY [2019] NZSC 40
[12 April 2019]

 

Case number

SC 22/2019

Case Name AN(SC 22/2019) v Prime Minister
Summary

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

Result

The application for an extension of time to file an application fort leave to appeal is dismissed.
11 March 2019

High Court judgment
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

AN (SC 22/2019) v PRIME MINISTER [2019] NZSC 25 [11 March 2019]