Joshua Pera Van Silfhout v Udaya Lakshman Agas Pathirannehelage - SC 21/2023
Media releases
Summary
Civil Appeal
Result
A Leave to appeal is granted (Van Silfhout v Pathirannehelage [2023] NZCA 5).
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
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A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
B The approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.
4 May 2023
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A The appeal is allowed.
B The award of $5,000 to the respondent made by the Victims’ Special Claims Tribunal is set aside.
6 November 2023
Date of Hearing
18 July 2023
Judges
Winkelmann CJ, O’Regan, Ellen France, Williams and Kós JJ
Case Synopses
Submissions from counsel
- Hearing date 18 July 2023 Appellant's Submissions (PDF 268 KB)
- Hearing date 18 July 2023 Secretary for Justice's Submissions (PDF 1021 KB)
- Hearing date 18 July 2023 Joint Chronology (PDF 68 KB)