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Upcoming cases - Supreme Court

                                        

As at 20 January 2020

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below:

FEBRUARY 2020

MARCH 2020

APRIL 2020

MAY 2020

 

February fixtures list (PDF, 161 KB)

March fixtures list (PDF, 162 KB)

 

FEBRUARY 2020

5 February 2020 10:00 am

Case number                                     SC 85/2019
Case name

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

Judges

O'Regan and Ellen France JJ

Case Summary                       

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.

Court of Appeal decision

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

High Court Decision

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

 

5 February 2020 11:45 am

Case number                                                      SC 102/2019
Case name

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

Judges

O'Regan and Ellen France JJ

Case Summary

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).

Court of Appeal decision

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

High Court decision

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

18 February 2020 10:00 am

Case number                                     SC 76/2019
Case name

Cecilia Victoria Uhrle
G N E Bradford and S D Withers

v

The Queen
C A Brook

Jurisdiction hearing

Judges

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

Case Summary                    

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

High Court Decision

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

20 February 2020 10:00 am

Case number                                     SC 32/2019
Case name

International Consolidated Business Pty Limited
G C Williams

v

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

Civil Appeal

Judges

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

Case Summary                             

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.

Grounds on which leave was granted

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

Supreme Court leave application decision

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

Court of Appeal decision

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

High Court Decision S C JOHNSON & SON v INTERNATIONAL CONSOLIDATED BUSINESS [2017] NZHC 3238 [19 December 2017]

25 February 2020 10:00 am

Case number                                     SC 57/2019
Case name

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

Judges

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

Case Summary                                        

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

Grounds on which leave was granted

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.

Supreme Court leave application decision

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

Court of Appeal decision KIM v MINISTER OF JUSTICE OF NEW ZEALAND [2019] NZCA 209 [11 June 2019]
High Court decision

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

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

 

MARCH 2020

10 March 2020 10:00 am

Case number                                                 SC 58/2019
Case name

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

Judges Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case Summary                           Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted.
Grounds on which leave was granted Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial remains in force. Publication in law report or law digest permitted.
Supreme Court leave application decision Not publicly available
Court of Appeal decision Not publicly available
High Court Decision Not publicly available

12 March 2020 10:00 am

Case number                                                                                                                SC 64/2019
Case name

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

Judges Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ
Case Summary                       Civil Appeal – Contract law – Interest rate swaps – Whether the Court of Appeal erred in finding that the bank made a particular representation despite a factual finding in the High Court to the contrary – Whether the Court erred in holding that various representations made by the bank were undertakings forming part of the contract between the parties – Whether the Court erred in holding that the bank breached its undertaking to monitor and advise Bushline – Whether the Court erred in holding that it was not fair and reasonable, per s 4 of the Contractual Remedies Act 1979, for various disclaimer clauses to preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that various exclusion clauses do not preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that two of Bushline’s misrepresentation and breach of contract claims were not time barred under the Limitations Act 1950.
Grounds on which leave was granted The approved question is whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19) 15 October 2019.
Supreme Court leave application decision ANZ BANK NEW ZEALAND LIMITED v BUSHLINE TRUSTEES LIMITED AND STEPHEN DANIEL COOMEY AS TRUSTEES OF BUSHLINE TRUST ONE, [2019] NZSC 115 [15 October 2019]
Court of Appeal decision BUSHLINE TRUSTEES LIMITED v ANZ BANK NEW ZEALAND LIMITED [2019] NZCA 245 [24 June 2019]
High Court Decision BUSHLINE TRUSTEES LTD v ANZ BANK NZ LIMITED [2017] NZHC 2520 [16 October 2017]

17 March 2020

Case number                                     SC 72/2019
Case name

FMV
R E Harrison QC

v
TZB
T L Clarke

Civil Appeal

Judges Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Case Summary                                      Civil Appeal – Jurisdiction – Employment Relations Act 2000, s 161(1)(r) – Whether the Court of Appeal erred in holding that the Employment Relations Authority had exclusive jurisdiction over the applicant’s claim that her employer breached various duties of care in relation to her employment – Whether the Court erred in upholding the High Court’s order granting permanent name suppression.
Grounds on which leave was granted The approved question is whether the Court of Appeal was correct to dismiss the appeal.
Supreme Court leave application decision FMV v TZB [2019] NZSC 108 [8 October 2019]
Court of Appeal decisionCourt of Appeal decision FMV v TZB [2019] NZCA 282 [4 July 2019]
High Court Decision FMV v TZB [2018] NZHC 1131 [21 May 2018]

18 March 2020 10:00 am

Case number                                                             SC 107/2019
Case name

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

Judges Winkelmann CJ, O'Regan and Ellen France JJ
High Court decision ENVIRONMENTAL DEFENCE SOCIETY INCORPORATED v OTAGO REGIONAL COUNCIL [2019] NZHC 2278 [11 September 2019]
Environment Court Decision Port Otago Limited v Otago Regional Council [2018] NZEnvC 183

23 and 24 March 2020

Case number                                          SC 105/2019
Case name

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

Judges

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

Case Summary                        

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.

Grounds on which leave was granted

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

Supreme Court leave application decision

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

Court of Appeal decision

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

High Court Decision ROSS v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2018] NZHC 3288 [13 December 2018]

 

APRIL 2020

23 April 2020

Case number                                     SC 41/2019
Case name New Zealand Law Society v John Llewellyn Stanley
Judges Winkelmann CJ, Glazebrook, O'Regan, Ellen France and Williams JJ

 

MAY 2020

19 May 2020

Case number                                               SC 100/2019
Case name Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporate
Judges Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ