Case summaries 2017

Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust v Ian Bruce Shepherd and Christine Margaret Dunphy

Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal erred in declining the application for an extension of time. 

[2016] NZCA 446   CA51/2016

The application for leave to appeal is dismissed.
23 June 2017

RABSON AND CRESER AS TRUSTEES OF THE MALCOLM RABSON FAMILITY TRUST v SHEPHARD [2016] NZCA 446    19 September 2016

MALCOLM EDWARD RABSON v SHEPHARD AND DUNPHY [2017] NZSC 97   23 June 2017

Donna Michelle Ritchie v Accident Compensation Corporation

The application for leave to appeal is dismissed.
1 May 2017

DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2017] NZSC 54    1 May 2017

Malcolm Edward Rabson v Linda Gallagher, Malcolm Edward Rabson as Trustee of the Malcolm Rabson Family Trust and Wayne Seymour Chapman as Trustee of the Gallagher-Rabson Family Trust

Civil Appeal – Whether the Court of Appeal was correct to decline the application for clarification of the orders in Rabson v Gallagher [2011] NZCA 669. 

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to each of the first and third respondents.

5 April 2017

________________

The application for recall is dismissed.

4 May 2017

RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILIY TRUST v GALLAGHER [2016] NZCA 584    6 December 2016

Malcolm Edward Rabson v Judicial Conduct Commissioner

Civil Appeal – Whether the High Court erred in striking out the applicant’s application for judicial review of the Judicial Conduct Commissioner’s decision that it did not have jurisdiction to consider the applicant’s complaint.

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.

27 March 2017

________________________

The application for recall is dismissed.    

9 May 2017

Gary Owen Burgess v Malley & Co 

Civil Appeal – Whether the Court of Appeal erred by declining to remove the respondent’s legal representatives

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.

27 March 2017

 David Keith Silby v New Zealand Police

Criminal Appeal – Criminal Procedure Act 2011, s 237 – Whether the Court of Appeal erred in declining leave to bring a second appeal against conviction and sentence in respect of offences under the Land Transport (Road User) Rule 2004.

The application for leave to appeal is dismissed.

7 April 2017

SILBY v NEW ZEALAND POLICE [2016] NZCA 592  9 December 2016

DAVID KEITH SILBY v NEW ZEALAND POLICE [2017] NZSC 46   7 April 2017

Hyun Su Park v Joong Song Kwak and Hye Sook Kwak, Andrew J Steele and Jarred Scott, Tim J Rainey and Jonathan Wood

Civil Appeal – Weathertight Homes Resolution Services Act 2006, ss 93 and 95 – Whether the High Court and Court of Appeal erred in their approach to a second appeal under the Weathertight Homes Resolution Services Act.
 

A The application is dismissed for want of jurisdiction.
B Costs of $2,500 are awarded to the third respondents.              
9 February 2017

PARK v KWAK & ANOR [2016] NZCA 574   8 December 2016 not available online  _

HYUN SU PARK v JOONG SONG KWAK AND HYE SOOK KWAK [2017] NZSC 2  9 February 2017

Nicholas David Wright v Vijay Bhosale and Attorney-General 

Civil Appeal – New Zealand Bill of Rights Act 1990, ss 21, 23 and 24(a) –Whether the Court of Appeal erred in finding there was no breach of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its assessment of the intention required to obtain exemplary damages. 

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the second respondent.

9 May 2017

WRIGHT v BHOSALE & ANOR [2016] NZCA 593  9 December 2016

Chatfield & Co Limited v Commissioner of Inland Revenue

Civil Appeal – Discovery – s 10 Judicature Amendment Act 1972 – Did the Court of Appeal err in deciding documents exchanged pursuant to a Double Taxation Agreement were not discoverable in judicial review proceedings? 

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.

11 April 2017

CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZCA 614   16 December 2016

CHATFIELD & CO LIMITED v COMMISSIONER OF INLAND REVENUE [2017] NZSC 48   11 April 2017

Craig Duthie and Kirsten Taylor-Ruiterman, and DRK Chartered Accountants Limited v Denise Michelle Roose, and Denise Developments Limited, and DMR Development Limited

Civil Appeal – Whether the Court of Appeal erred in finding that the causes of action brought by the respondents in tort were not time barred.

A  The application for leave to appeal is granted (Roose v Duthie [2016] NZCA 600).
B The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.

2 May 2017

8 August 2017                                                                      

Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

ROOSE v DUTHIE [2016] NZCA 600     15 December 2016

DUTHIE AND TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 57  2 May 2017

 F v The Queen

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. Publication in law report or law digest permitted.

[2016] NZCA 619   CA247/2016

not available - suppression orders 

Kathryn Anne Harlen v Chief Executive of the Ministry of Social Development

Civil Appeal – Social Security Act 1964, s 86 – Whether the High Court erred in its view of the Chief Executive’s discretion to decline to recover benefit overpayments.

The application for leave to appeal is dismissed.
12 June 2017

Harlen v Chief Executive of the Ministry of Social Development [2016] NZHC 1954

Mark David Chisnall v Chief Executive of the Department of Corrections

Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.  

A Leave to appeal is granted (Chisnall v Chief Executive of the Department of Corrections [2016] NZCA 620).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
13 April 2017

Hearing date : 22 June 2017                                                                      
Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

Decision reserved

Ronnie Joseph de Wys and Penelope Helen Louisa de Wys v The Commissioner of Police

Civil Appeal – Criminal Proceeds (Recovery) Act 2009 ss 50 and 55– Whether the Court of Appeal erred in finding the applicants unlawfully benefitted from significant criminal activity. 

The applications for leave to appeal are dismissed.
4 May 2017

COMMISSIONER OF POLICE v DE WYS [2016] NZCA 634    21 December 2016

 DE WYS v THE COMMISSIONER OF POLICE [2017] NZSC 62   4 May 2017

 Mateo Melina Nixon v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s conviction appeal – Whether the applicant’s sentence was adequately reduced.

The application for leave to appeal is dismissed.
2 May 2017

 NIXON V R [2016] NZCA 589   9 December 2016

 MATEO MELINA NIXON v R [2017] NZSC 56   2 May 2017

Richard Lyall Genge v Superintendent of Christchurch Men's Prison

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

The application for leave to appeal is dismissed.                               

28 March 2017

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZHC 20  19 January 2017

GENGE v SUPERINTENDENT OF CHRISTCHURCH MENʼS PRISON [2017] NZSC 40    28 March 2017

Rhys Richard (Ngahiwi) Warren v Chief Executive of the Department of Corrections

Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.   

The application for leave to appeal is dismissed.                              

2 March 2017

RHYS RICHARD (NGAHIWI) WARREN V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 12    17 January 2017

RHYS RICHARD (NGAHIWI) WARREN v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 20          2 March 2017

 B v ALA

Civil Appeal – Whether the Employment Court erred in its application of confidentiality provisions in a settlement agreement.

A The application for an extension of time to apply for leave to appeal is granted but the application for leave is dismissed.
B The applicant must pay costs to the respondent of $2,500.

26 April 2017

ITE v ALA NZEmpC AUCKLAND [2016] NZEmpC 42 [15 April 2016]

 B v ALA [2016] NZCA 385 [10 August 2016]

 B (SC 18/2017) v ALA (SC 18/2017) [2017] NZSC 51  26 April 2017

Malcolm Edward Rabson v Judicial Conduct Commissioner

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.

5 April 2017

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 2539   25 October 2016

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 45    5 April 2017

Ram Chander Dahiya v Chief Executive of the Ministry of Business, Innovation and Employment

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal for an extension of time. 

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.

8 May 2017

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2016] NZHC 1217 [8 June 2016] 

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZCA 546    22 November 2016

DAHIYA v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2017] NZSC 67  8 May 2017

Malcolm Edward Rabson v Judicial Conduct Commissioner and Justices Elias, Young, Glazebrook, Arnold and O'Regan

Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time for consideration of an application to dispense with security for costs.

The application for leave to appeal is dismissed.

16 May 2017

_______________________________

The application for recall is dismissed.
23 June 2017

____________________

A The judgment delivered on 29 June 2017 is recalled and re-issued.
B The application for review is dismissed.
C The Registrar is directed not to accept for filing any further applications in relation to this matter.                                                                               
7 July 2017

NZLII : RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZCA 44 [6 March 2017]

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 74 16 May 2017

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 96   23 June 2017

MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 100  29 June 2017

 R v The Queen

Criminal Appeal – Whether the Court of Appeal erred in ordering a retrial.

[2016] NZCA 341   CA634/2015 

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 retrial.  Publication in law report or law digest permitted.

20 March 2017

 suppression

 suppression

Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington

Civil Appeal – Judicial review – Whether the Court of Appeal erred in holding that the first respondent had not exercised its prosecutorial discretion unlawfully or unreasonably – Whether the dismissal of charges by the second respondent was ultra vires because the Judge hearing the matter had earlier recused herself from the proceedings.

A The application for leave to appeal is granted in part (Osborne v Worksafe New Zealand [2017] NZCA 11).
B Subject to the qualification discussed at [1], the approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal to that Court.
19 June 2017

5 October 2017                                                                      
Chief Justice, William Young, Glazebrook, O'Regan and Ellen France JJ.

OSBORNE & ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZCA 11  16 February 2017

OSBORNE AND ROCKHOUSE v WORKSAFE NEW ZEALAND [2017] NZSC 90  19 June 2017

AN v Bupa Care Services (New Zealand) Limited

Civil Appeal – Habeas Corpus Act 2001 – Whether the High Court erred in finding the applicant’s detention lawful.

A  The application for leave to appeal is dismissed.
B The application for leave to allow the publication of the applicant’s name and identifying particulars is dismissed.
C There is no order for costs.

12 April 2017

_____

The application for recall is dismissed.
1 May 2017

AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 49   12 April 2017

AN (SC 24/2017) v BUPA CARE SERVICES (NEW ZEALAND) LIMITED [2017] NZSC 52  1 May 2017

Clarence John Faloon v The Commissioner of Inland Revenue and The Official Assignee

Civil Appeal – Whether the Court of Appeal erred in declining the application for an extension of time for allocating a hearing date and filing the case on appeal.

A The application for leave to appeal is dismissed.
B The applicant is to pay the first respondent costs of $2,500.

5 May 2017

FALOON v COMMISSIONER OF INLAND REVENUE [2016] NZCA 537  11 November 2016

CLARENCE JOHN FALOON v COMMISSIONER OF INLAND REVENUE [2017] NZSC 65   5 May 2017

Wellington International Airport Limited v New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated and Director of Civil Aviation

Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.

A Leave to appeal is granted (New Zealand Air Line Pilots' Association Industrial Union of Workers Inc v Director of Civil Aviation and Wellington International Airport Ltd [2017] NZCA 27).
B The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.

16 May 2017

NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 28 February 2017

WELLINGTON INTERNATIONAL AIRPORT LIMITED v NEW ZEALAND AIRLINE PILOTSʼ
ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED [2017] NZSC 70  16 May 2017

Alan Ivo Greer v The Queen 

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence. 

The application for leave to appeal is dismissed.
16 May 2017

GREER v R [2016] NZCA 630   21 December 2016

 ALAN IVO GREER v R [2017] NZSC 75   16 May 2017

K v T

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.  Publication in law report or law digest permitted.

T v K [2017] NZCA 25 [28 February 2017]

suppression

Alister James Reid  v The Queen

Criminal Appeal – Whether the hearsay statement by the complainant was correctly admitted as evidence at the applicant’s trial.

The application for leave to appeal is dismissed.                                         

7 July 2017

DC (not available publicly)

L v W

Criminal Appeal – Whether the Supreme Court has jurisdiction to hear an appeal by a complainant in a criminal matter – Whether the Court of Appeal erred in its analysis of the complainant’s credibility.

The application for leave to appeal is dismissed.                                       

21 June 2017

not available online

W (CA731/2015) v R [2017] NZCA 73 not electronically available __

L (SC 31/2017) v R [2017] NZSC 94   21 June 2017

Midgen Enterprises Limited and David James Midgen v Water Guard NZ Limited

Civil Appeal – Whether the Court of Appeal erred in overturning the costs award of the High Court. 

A  The application for leave to appeal is dismissed.
B The applicants are to pay costs of $2,500 to the respondent.

9 May 2017

WATER GUARD NZ LTD v MIDGEN ENTERPRISES LTD [2016] NZHC 1546 8 July 2016

Ahu Stanley Taylor v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeals against conviction and sentence.  

The application for leave to appeal is dismissed.
4 July 2017

R v AHU TAYLOR [2016] NZHC 1620 [15 July 2016] (Sentencing)

Stevenson Brown Limited v Montecillo Trust

Civil Appeal – Whether the Court of Appeal erred in finding that a short form agreement limiting the liability of the applicant was not incorporated into the contract of engagement between the applicant and respondent.

A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
22 June 2017

David Stanley Tranter v The Queen 

Criminal Appeal – Whether the Court of Appeal erred in upholding the applicant’s conviction(s) – Whether there were sufficient grounds to impose a sentence of preventive detention.

R v TRANTER [2016] NZHC 111 [5 February 2016] not available __

Matthew Richard Brown v New Zealand Police

Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in declining leave to bring second appeals against conviction and sentence.

BROWN v NEW ZEALAND POLICE [2016] NZHC 2359  5 October 2016

Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council 

Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles

30 May 2017

10 August 2017                                                                                                      

Elias CJ. William Young, Glazebrook, O'Regan and Ellen France JJ

SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2015] NZHC 1983   20 August 2015

R v The Queen

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. Publication in law report or law digest permitted.
[2017] NZCA 55   CA606/2016

7 June 2017

S v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether cross examination of witnesses was adequate. 

F v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction and sentence.

John Archibald Banks v The Queen

Criminal Appeal – Costs in Criminal Cases Act 1967, s 5 – Whether the Court of Appeal and High Court erred in declining to award costs to the applicant following his acquittal.

A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondent of $2,500.
28 June 2017

BANKS v THE QUEEN [2016] NZHC 1596   14 July 2016

Mathew Ngatai Te Moanaui v The Queen

Criminal Appeal – Whether the Court of Appeal erred in its interpretation of s 202C of the Crimes Act 1961.

The application for leave to appeal is dismissed.
20 June 2017

Tony Douglas Robertson v The Queen

Criminal Appeal – Whether the trial Judge erred in withholding manslaughter from the jury.

The application for an extension of time to file the application for leave is granted.
The application for leave to appeal is dismissed.
4 July 2017

R v R [2015] NZHC 713    15 April 2015

Michael John Denney v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal.

The application for leave to appeal is dismissed.                                        

9 June 2017

H v The Queen

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. Publication in law report or law digest permitted.

[2017] NZCA 108   CA508/2016

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.  Publication in law report or law digest permitted.                                                   
16 May 2017

S v The Queen

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 the appeal in the Court of Appeal.  Publication in law report or law digest permitted.

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 the appeal in the Court of Appeal.  Publication in law report or law digest permitted.
7 July 2017

Bruce James Spittle v The Queen

Criminal Appeal – Whether the Court of Appeal erred in its determination that the verdict of the jury in the applicant’s trial was not unreasonable having regard to the evidence. 

The application for leave to appeal is dismissed.                                        

6 July 2017

not publicly available

SPITTLE v R [2017] NZCA 116   7 April 2017

BRUCE JAMES SPITTLE v R [2017] NZSC 105   6 July 2017

Wayne Thomas Patterson v The Queen

Criminal Appeal – Sentencing Act 2002 – Special release conditions – Whether Sentencing Act authorises a court to confer a power of search on a probation officer – Whether conditions imposed reasonable and proportional in the circumstances.

PATTERSON v THE QUEEN [2017] NZHC 49 [31 January 2017]

ActiveDocs Limited v Cadre Investments Limited, Michael William Scott and Stanbridge and Treasury Mrechant Finance Limited

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the contract regarding preference shares – Whether High Court erred by invoking a presumption that dividends from preference shares are calculated cumulative.

A The application for leave to appeal is dismissed.
B The applicant must pay costs to the respondents of $2,500.
20 June 2017

CADRE INVESTMENTS LTD & ORS v ACTIVEDOCS LTD [2016] NZHC 1489 [1 July 2016]

 P v The Queen

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. Publication in law report or law digest permitted.

[2017] NZCA 106   CA66/2017

Judgment released.
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.  Publication in law report or law digest permitted.                                                   
24 May 2017

(not available publicly)

Z v Z

Civil Appeal – Whether the Court of Appeal erred in making suppression orders.

The application for leave to appeal is dismissed.
The applicant must pay costs of $2,500 to the respondent.                        

3 July 2017

T v The Queen

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. Publication in law report or law digest permitted.

[2017] NZCA 166   CA71/2017

Earl Raymond Hagaman v Andrew James Little

Civil Appeal – Whether the High Court erred in holding that the respondent was entitled to claim the defence of qualified privilege in relation to allegedly defamatory statements made by him about the applicant – Whether exceptional circumstances exist warranting a direct appeal to the Supreme Court.  

V v The Queen

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. Publication in law report or law digest permitted.

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. Publication in law report or law digest permitted.                                                             

7 July 2017

Hearing date : 22 August 2017                                                                    
Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

Chatfield & Co Limited v Commissioner of Inland Revenue

Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in finding that the Commissioner of Inland Revenue has not created a legitimate expectation by publishing operational statements.

Torchlight Fund No 1 LP (in receivership) and NZ Credit Fund (GP) 1 Limited v Wilaci Pty Limited

Civil Appeal – Whether the Court of Appeal erred in holding that a late payment fee was not an unlawful penalty.

A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 July 2017

Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia

Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence. 

B v The Queen

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.  Publication in law report or law digest permitted. 

[2017] NZCA 211   CA563/2016

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.  Publication in law report or law digest permitted.
3 July 2017

Dennis Rangiaho Hohua v The Queen

not publicly available

Viliami One Fungavaka v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether charge under-particularised – Whether summing up defective – Whether Abdula v R [2011] NZSC 130, [2012] 1 NZLR 534 applied correctly.

R v Fungavaka [2015] NZHC 2761 [6 November 2015]

Rudi Hartono and Others v Ministry for Primary Industries and Asjo Oyang Corporation

Civil Appeal – Fisheries Act 1996, s 256 – Whether the Court of Appeal erred in its interpretation and application of the Fisheries Act to the claim for unpaid wages against a forfeited vessel.

Hartono v The Ministry for Primary Industries [2015] NZHC 3307

Civil Aviation Authority of New Zealand v Heli-logging Limited (in rec and liq). And Mark Wayne Ford in his capacity as Trustee of the Wessex Trust, and Mark Wayne Ford

Civil Appeal – Limitation Act 1950, s 28 – Whether the Court of Appeal erred in finding that there was an arguable case for a postponement of the limitation period under s 28 of the Limitation Act 1950. 

Lakes Edge Developments Limited v Kawarau Village Holdings Limited

Eli Devoy v The Queen

Criminal Appeal – Whether the High Court Judge erred in imposing a minimum period of imprisonment of at least one half of the sentence of five years’ imprisonment – Whether the Court of Appeal erred in dismissing the conviction appeal. 

The Attorney-General v Arthur William Taylor and Hinemani Ngaronoa, Sandra Wilde, Kirsty Olivia Fensom and Claire Thrupp

Civil Appeal – Whether the Senior Courts have jurisdiction to make declarations that Acts of Parliament are inconsistent with the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s declaration that s 80(1)(d) of the Electoral Act 1993 is inconsistent with the right to vote affirmed and guaranteed in s 12(a) of the New Zealand Bill of Rights Act 1990 and cannot be justified under s 5 of that Act – (cross-appeal) Whether the Court of Appeal erred in holding that Mr Taylor did not have standing to seek a declaration of inconsistency.

Akuhatua Tihi v The Queen

Tania Joy Lamb v The Attorney General 

Civil Appeal – Whether the Court of Appeal erred in reversing the High Court decision giving the applicant an extension of time to apply for a review of an Associate Judge’s decision striking out the applicant’s claim on the basis of limitation periods.  

Craig Alexander Sanson and David John Bridgman v Ebert Construction Limited 

Stanley Allen Gilmour v Chief Exectuive of the Department of Corrections 

L v The Queen 

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. Publication in law report or law digest permitted.               

W v The Queen 

Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge’s directions as to belief in consent were adequate – Whether the Court of Appeal erred in holding that the youth discount applied to the applicant’s sentencing was sufficient 

Musab Hamdi v The Queen 

Jawahar Bhaskar Musuku v Commissioner of Inland Revenue