Upcoming cases - Supreme Court

Richard Bruce Rogan and Heather Elizabeth Rogan
R A Harrison QC

v
Kaipara District Council
D J Neutze

Northland Regional Council
D J Neutze

Civil oral leave hearing

O'Regan and Ellen France JJ

Civil Appeal – Whether the Court of Appeal erred in concluding that non-compliance with ss 45 and 46 of the Local Government (Rating) Act 2002 has no effect on the validity of a rates assessment and the ratepayer’s obligation to pay – Whether the Court of Appeal erred in dismissing the appeal.

ROGAN v KAIPARA DISTRICT COUNCIL [2018] NZCA 478 [6 November 2018]

ROGAN v KAIPARA DISTRICT COUNCIL & NORTHLAND REGIONAL COUNCIL [2017] NZHC 2329 [26 September 2017]

Peter Daniel Staite, Jean Tanirau-Carston, Lynette Kathleen Palmer and Chynelle Picard as Trustees of the Whaoa No 1 Lands Trust
D G Chesterman

v

Andrew Marutuehu Kusabs, Donald Mairangi Bennett, Julian Kumeroa Keepa and Wiremu Waaka as Trustees of The Tumunui Lands Trust
M S McKechnie

Civil oral leave hearing

O'Regan and Ellen France JJ

Civil Appeal – Whether the Court of Appeal erred in setting aside the High Court’s order for rectification of the Tumunui Lease without determining an alternative remedy –
Whether the Court of Appeal erred in determining that a fiduciary duty was not relevant to the determination of the appeal – Whether the Court of Appeal erred in applying
Fenwick v Naera ([2015] NZSC 68).

KUSABS v STAITE [2019] NZCA 420 [9 September 2019]

STAITE v KUSABS [2017] NZHC 416 [13 March 2017]

Cecilia Victoria Uhrle
G N E Bradford and S D Withers

v

The Queen
C A Brook

Jurisdiction hearing

Winkelmann CJ, William Young, Glazebrook, O’Regan and Ellen France JJ

Criminal Appeal – Whether there is jurisdiction to advance a second conviction appeal in the Supreme Court when an application for leave to appeal has already been dismissed

R v UHRLE [2013] NZHC 922 [30 April 2013]

International Consolidated Business Pty Limited
G C Williams

v

S C Johnson & Son Inc
G F Arthur and K McHaffie

Civil Appeal

Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ

Civil Appeal – Whether the Court of Appeal erred in allowing the respondent’s application to trademark of the word ZIPLOC to proceed to registration – Whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.

The approved ground of appeal is whether the Court of Appeal correctly interpreted s 68(2) of the Trade Marks Act 2002.

INTERNATIONAL CONSOLIDATED BUSINESS PROPRIETARY LIMITED v S C JOHNSON & SON INCORPORATED [2019] NZSC 71 [9 July 2019]

INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD v S C JOHNSON & SON INC [2019] NZCA 61 [19 March 2019]

Minister of Justice
Attorney-General
U R Jagose QC, A F Todd and G M Taylor

v

Kyung Yup Kim
A J Ellis and B J R Keith

Civil Appeal

Glazebrook, O’Regan, Ellen France, Arnold and French JJ

Civil Appeal – Whether the Court of Appeal erred in quashing and remitting the Minister of Justice’s decision to surrender the respondent for extradition to the People’s Republic of China – Whether the Court of Appeal erred in deciding there is a preliminary question of whether diplomatic assurances as to criminal justice rights should be accepted given the general human rights situation in a receiving state – Whether the Court of Appeal erred in setting the legal test to determine whether the respondent’s fair trial rights would be upheld

The approved question is whether the Court of Appeal was correct to quash and remit the Minister of Justice’s decision to surrender the respondent under s 30 of the Extradition Act 1999.

MINISTER OF JUSTICE v KYUNG YUP KIM [2019] NZSC 100 [20 September 2019]

KIM v THE MINISTER OF JUSTICE [2017] NZHC 2109 [31 August 2017]

KIM v THE MINISTER OF JUSTICE [2016] NZHC 1490 [1 July 2016]

S (SC 58/2019) and M (SC 58/2019)
J R Billington QC and B M Cash

v

Vector Limited
D P H Jones QC and M C Smith

District Court at Auckland
V McCall

H (SC 58/2019)
T M Molloy and D J Spencer
The Attorney-General (Intervener)C A Brook

Civil Appeal

ANZ Bank New Zealand Limited
S M Hunter QC, M C Sumpter and D T Street

v

Bushline Trustees Limited, Stephen Daniel Coomey as trustee of Bushline Trust One, Sharon Louise Coomey as trustee of Bushline Trust Two
M D Branch

Robert Lewis England
A C Challis and D P Turnbull

Civil Appeal

FMV
R E Harrison QC

v
TZB
T L Clarke

Civil Appeal

Port Otago Limited
L A Anderson

v

Environmental Defence Society Incorporated,
D A Allan

Otago Regional Council
A J Logan

Royal Forest and Bird Protection Society of New Zealand Incorporated
P A Anderson

Marlborough District Council
J W Maassen and B D Mead

Oral Leave Hearing

Southern Response Earthquake Services Limited
T C Weston QC and K M Paterson

v

Brendan Miles Ross and Colleen Anne Ross
P G Skelton QC, K M Quinn and C B Pearce

Civil Appeal

Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

Civil Appeal – Civil procedure – Class actions – Whether the Court of Appeal erred in holding that an opt-out procedure should be the norm for class actions in New Zealand – Whether the Court of Appeal erred in holding that an opt-out approach was appropriate for the class action in this case.

The approved ground of appeal is whether the Court of Appeal was correct to allow the appeal.

SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED v BRENDAN MILES ROSS AND COLLEEN ANNE ROSS [2019] NZSC 140 [9 December 2019]

ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED [2019] NZCA 431 [16 September 2019]