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Leave to appeal dismissed 2018

2018 | 2017  | 2016  | 2015 | 2014

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 12 December 2018     

Case number

SC 1/2018

Case Name Geoffrey James Bird v The New Zealand Guardian Trust Company, Philip Anthony Bird, David Andrew Bird and Allen Roger Bird
Summary

Civil Appeal – Whether the High Court erred in removing the applicant as executor and trustee – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to dispense with security for costs.   

Result

A The applications for leave to appeal are dismissed.
B The applicant is to pay costs of $2,500 to the second, third and fourth respondents.                                               

8 February 2018

High Court judgment BIRD & ORS v BIRD [2017] NZHC 1612 [12 July 2017]
Judgment appealed from - Court of Appeal GEOFFREY JAMES BIRD v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2017] NZCA 627 [21 December 2017]
Leave judgment - leave dismissed GEOFFREY JAMES BIRD v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2018] NZSC 9 [8 February 2018]

  

Case number

SC 2/2018

Case Name Akosita Vaeafisi v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the sentence appeal. 

Result

The application for leave to appeal is dismissed.
17 April 2018 

High Court judgment
Judgment appealed from - Court of Appeal VAEAFISI V R [2017] NZCA 545 [24 November 2017]
Leave judgment - leave  dismissed AKOSITA VAEAFISI v R [2018] NZSC 33 [17 April 2018]

 

Case number

SC 3/2018

Case Name Leonard Gus Nattrass-Bergquist v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 124 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge was required to give a lies direction – Whether the trial Judge misdirected the jury.  

Result

The application for leave to appeal is dismissed.  
13 April 2018 

High Court judgment
Judgment appealed from - Court of Appeal LEONARD GUS NATTRASS-BERGQUIST v R [2017] NZCA 552 [4 December 2017
Leave judgment - leave dismissed LEONARD GUS NATTRASS-BERGQUIST v R [2018] NZSC 30 [13 April 2018]

 

Case number

SC 4/2018

Case Name Jinyue Young and Hsiang-Fen Ying v Zie Zhang
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal to set aside the consent order – Whether the Court of Appeal erred in dismissing the appellant’s appeal against finding of contempt. 

Result

A The application for leave to appeal is dismissed.

B No order as to costs.

28 March 2018 

High Court judgment ZHANG v KING DAVID INVESTMENTS LTD (IN LIQ) & ANOR [2016] NZHC 3018 [13 December 2016]
Judgment appealed from - Court of Appeal YOUNG & ANOR v ZHANG [2017] NZCA 622 [21 December 2017]
Leave judgment - leave dismissed

 

Case number

SC 5/2018

Case Name Paul Geoffrey Myall v Tower Insurance Limited
Summary

Civil Appeal – Whether the Court of Appeal erred in the way it allowed for professional fees when estimating the notional cost of rebuilding a house payable under an insurance policy – Whether the Court of Appeal erred in adjusting the notional cost of rebuilding to reflect an understatement of the floor area. 

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500.          
17 April 2018

High Court judgment MYALL v TOWER INSURANCE LIMITED [2017] NZHC 251 [23 February 2017]
Judgment appealed from - Court of Appeal MYALL v TOWER INSURANCE LIMITED [2017] NZCA 561 [4 December 2017]
 
Leave judgment - leave dismissed PAUL GEOFFREY MYALL v TOWER INSURANCE LIMITED [2018] NZSC 35 [17 April 2018]

 

Case number

SC 6/2018

Case Name Orlando Shepherd v Auckland Council
Summary

Criminal Appeal – Whether the High Court erred in its application of s 58 of the Dog Control Act 1996 – Whether the conviction entered is inconsistent with s 25(c) of the New Zealand Bill of Rights Act 1990. 

Result

A The application for an extension of time to appeal is allowed.

B The application for leave to appeal is dismissed.

27 March 2018 

High Court judgment

SHEPHERD v AUCKLAND COUNCIL [2017] NZHC 1660 [19 July 2017] 

Leave judgment - leave dismissed

 

Case number

SC 8/2018

Case Name T v The Queen
Summary

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

Result

The application for leave to appeal is dismissed.          
16 April 2018 

District Court judgment

not publicly available

Judgment appealed from - Court of Appeal T (CA251/2017) v R [2017] NZCA 595 [15 December 2017]
Leave judgment - leave dismissed T (SC 8/2018) v R [2018] NZSC 31 [16 April 2018]

 

Case number

SC 9/2018

Case Name William George Graham Cameron Cleary v Ewart & Ewart
Summary

Civil Appeal – Whether Court of Appeal erred in upholding the High Court’s dismissal of the applicant’s claim against his lawyer for negligence and breach of fiduciary duty.   

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.                          
12 April 2018

High Court judgment

CLEARY v EWART & EWART [2017] NZHC 39 [27 January 2017]

Judgment appealed from - Court of Appeal CLEARY v EWART & EWART [2017] NZCA 620 [20 December 2017]
Leave judgment - leave dismissed CLEARY v EWART & EWART [2018] NZSC 28 [12 April 2018]

 

Case number

SC 12/2018

Case Name AN v Bupa Care Services NZ Limited and District Court at Manukau
Summary

Civil Appeal – Whether the High Court erred in refusing to allow the applicant to file an application for habeas corpus – Whether the Court of Appeal erred in concluding the applicant’s appeal should not be given precedence, per s 17(1) of the Habeas Corpus Act 2001.   

Result

A The applications for leave to appeal are dismissed. B No order as to costs. 19 March 2018

_____________________

The application for recall is dismissed.

22 March 2018 

High Court judgment

not publicly available  

Judgment appealed from - Court of Appeal not publicly available
Leave judgment - leave dismissed
Recall judgment - recall dismissed

 

Case number

SC 13/2018

Case Name Wayne Jones v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the persons called by the Crown to give evidence met the definition of “witness” in s 4 of the Evidence Act 2006 – Whether the trial Judge erred in allowing the Crown to call knowingly hostile witnesses. 

Result

The application for leave to appeal is dismissed.
10 May 2018 

Judgment appealed from - Court of Appeal KERR v R [2017] NZCA 498 [2 November 2017]
Leave judgment - leave dismissed WAYNE JONES v R [2018] NZSC 44 [10 May 2018]

 

Case number

SC 14/2018

Case Name John William Ross v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction – Whether the Court of Appeal erred in its application of s 122 of the Evidence Act 2006. 

Result

A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
30 April 2018 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal ROSS v R [2017] NZCA 587 [12 December 2017] 
Leave judgment - leave dismissed JOHN WILLIAM ROSS v R [2018] NZSC 38 [30 April 2018]

 

Case number

SC 15/2018

Case Name Nobilangelo Ceramalus v Chief Executive of the Ministry of Business, Innovation and Employment and The Minister of Immigration
Summary

Civil Appeal – Immigration Act 2009 – Whether the High Court Judge erred in striking out the applicant’s application for review of Immigration New Zealand’s refusal to grant a visa. 

Result

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

27 March 2018 

High Court judgment EMPLOYMENT [2018] NZHC 45 [2 February 2018]
Leave judgment - leave dismissed

 

Case number

SC 16/2018

Case Name W v The Queen
Summary

Criminal Appeal – Whether trial counsel’s failure to follow applicant’s instructions was grounds for a mistrial – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

The application for leave to appeal is dismissed.
14 May 2018 

High Court judgment not publicly available
Judgment appealed from - Court of Appeal not publicly available_
Leave judgment - leave dismissed W (SC 16/2018) v R [2018] NZSC 46 [14 May 2018]

 

Case number

SC 17/2018

Case Name Phillip John Smith v Attorney General
Summary

Civil Appeal – Whether the Court of Appeal erred in finding that wearing a hairpiece does not constitute expression and therefore is not protected under s 14 of the New Zealand Bill of Rights Act 1990.   

Result

The application for leave to appeal is dismissed.
7 May 2018 

High Court judgment SMITH v ATTORNEY-GENERAL [2017] NZHC 463 [16 March 2017]
Judgment appealed from - Court of Appeal THE ATTORNEY-GENERAL v SMITH [2018] NZCA 24 [1 March 2018]
Leave judgment - leave dismissed PHILLIP JOHN SMITH v ATTORNEY-GENERAL [2018] NZSC 40 [7 May 2018]

 

Case number

SC 18/2018

Case Name Peter Richard Prescott v New Zealand Police
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the decision of the Deputy Registrar to not waive a filing fee. 

Result

A The applicant’s applications for leave to appeal and to set aside the High Court judgment are dismissed.
B The applicant is to pay the respondent costs of $2,500.                                           
9 May 2018

High Court judgment
Judgment appealed from - Court of Appeal [2018] NZCA 16_
Leave judgment - leave dismissed PETER RICHARD PRESCOTT v NEW ZEALAND POLICE [2018] NZSC 43 [9 May 2018]

 

Case number

SC 19/2018

Case Name Christopher Joseph O'Neill v Kit Toogood, Cecil Harding Croucher and Matt Amon
Summary

Civil Appeal – Whether Court of Appeal erred in declining to recall its judgment refusing to grant the applicant extension of time to apply for leave to appeal to that Court.   

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondents.                    
17 April 2018 

High Court judgment OʼNEILL v TOOGOOD AND OTHERS [2017] NZHC 795 [27 April 2017]
Judgment appealed from - Court of Appeal

OʼNEILL v TOOGOOD [2017] NZCA 505 [9 November 2017]

OʼNEILL v TOOGOOD [2018] NZCA 13 [16 February 2018]

Leave judgment - leave dismissed

CHRISTOPHER JOSEPH O’NEILL v KIT TOOGOOD, CECIL HARDING CROUCHER AND MATT AMON [2018] NZSC 34 [17 April 2018]

 

Case number

SC 20/2018

Case Name Gavin Graham Jardine v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction and sentence – Whether the Court of Appeal erred in finding that there had not been an abuse of process 

Result

A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
16 May 2018 

District court judgment Not publicly available
Judgment appealed from - Court of Appeal

JARDINE v R [2016] NZCA 371 [4 August 2016]

 

Leave judgment - leave dismissed

GAVIN GRAHAM JARDINE v R [2018] NZSC 47 [16 May 2018]

 

Case number

SC 23/2018

Case Name Patty Tzu Chou Lin v Commissioner of Inland Revenue 
Summary

Civil Appeal – Income Tax Act 2007 – Whether the Court of Appeal erred in finding that the applicant was not entitled to a tax credit against income tax liability for tax spared by China under New Zealand’s Controlled Foreign Company tax regime.    

Result

A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
20 June 2018 

High Court judgment LIN v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 969 [12 May 2017]
Judgment appealed from - Court of Appeal COMMISSIONER OF INLAND REVENUE v LIN [2018] NZCA 38 [8 March 2018]
Leave judgment - leave dismissed

PATTY TZU CHOU LIN v COMMISSIONER OF INLAND REVENUE [2018] NZSC 54 [20 June 2018]

 

 

Case number

SC 24/2018

Case Name Rajendra Prasad v Indiana Publications (NZ) Limited, Arin Lal, Venkat Ram and Mahesh Parera  
Summary

Civil Appeal – Whether the Court of Appeal erred in striking out the applicant’s claim for breach of copyright – Whether the Supreme Court should recall its decision to dismiss the application for leave to appeal. 

Result

A The applications for recall and for an extension of time for leave to appeal are dismissed.  
B There is no award of costs.
21 May 2018 

High Court judgment PRASAD V INDIANA PUBLICATIONS (NZ) LTD AND ORS HC AK CIV-2009-404-0856 27 July 2009
Judgment appealed from - Court of Appeal

INDIANA PUBLICATIONS (NZ) LTD AND ORS V RAJENDRA PRASAD CA515/2009 30 March 2010

 

Recall judgment - recall dismissed RAJENDRA PRASAD v INDIANA PUBLICATIONS (NZ) LIMITED [2018] NZSC 48 [21 May 2018]

 

Case number

SC 25/2018

Case Name Rajendra Prasad v Indiana Publications (NZ) Limited  
Summary

Civil Appeal – Whether the Court of Appeal erred in striking out the applicant’s claim for breach of copyright – Whether the Supreme Court should recall its decision to dismiss the application for leave to appeal. 

Result

A The applications for recall and for an extension of time for leave to appeal are dismissed.  
B There is no award of costs.
21 May 2018 

Judgment appealed from - High Court
Recall judgment - recall dismissed

 

Case number

SC 26/2018

Case Name Gregory David Waters v The Queen
Summary

Criminal Appeal – Whether the trial Judge’s failure to sum up the evidence caused a miscarriage of justice – Whether the trial Judge’s failure to direct the jury under s 32 of the Evidence Act caused prejudice –Whether the Court of Appeal erred in dismissing the appeal against conviction  

Result

The application for leave to appeal is dismissed
5 June 2018 

Judgment appealed from - Court of Appeal Gregory David Waters v The Queen  [2018] NZCA 84 [10 April 2018]
Leave judgment - leave dismissed GREGORY DAVID WATERS v R [2018] NZSC 49 [5 June 2018]

 

Case number

SC 27/2018

Case Name Desmond William Cook v Housing New Zealand Corporation
Result

A The application for leave to appeal is dismissed.
B There is no award of costs.    
8 May 2018 

High Court judgment

COOK v HOUSING NEW ZEALAND CORPORATION [2017] NZHC 2405 [3 October 2017]

Judgment appealed from - Court of Appeal COOK v HOUSING NEW ZEALAND LTD [2018] NZCA 57 [27 March 2018]
Leave judgment - leave dismissed DESMOND WILLIAM COOK v HOUSING NEW ZEALAND CORPORATION [2018] NZSC 42 [8 May 2018]

 

Case number

SC 28/2018

Case Name Thomas James Luke Olliver v The Queen
Summary

Criminal Appeal – Whether the trial judge’s direction was adequate to the newly formed jury was adequate – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

The application for leave to appeal is dismissed.                                                              
15 June 2018 

Judgment appealed from - Court of Appeal OLLIVER v R [2018] NZCA 74 [28 March 2018]
Leave judgment - leave dismissed THOMAS JAMES LUKE OLLIVER v R [2018] NZSC 52 [15 June 2018]

 

Case number

SC 29/2018

Case Name Timothy Joseph Foley v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result

The application for leave to appeal is dismissed.                                                       

21 June 2018                          

High Court judgment

Not publicly available_

Judgment appealed from - Court of Appeal FOLEY v R [2016] NZCA 607 [14 December 2016]
Leave judgment - leave dismissed TIMOTHY JOSEPH FOLEY v R [2018] NZSC 57 [21 June 2018]

 

Case number

SC 30/2018

Case Name Mangawhai Ratepayers' & Residents' Association Inc, Richard Bruce Rogan and Heather Elizabeth Rogan v Northland Regional Council and Kaipara District Council
Summary

Civil Appeal – Whether the Court of Appeal erred in its application of s 5 of the Judicature Amendment Act 1972 – Whether the Court of Appeal erred in its findings under the Local Government (Rating) Act 2002.  

Result

A The application for leave to appeal is dismissed.
B Costs of $4,500 plus usual disbursements are awarded to the respondents.
6 August 2018

Transcript leave hearing

Leave hearing date : 3 July 2018

High Court judgments

MANGAWHAI RATEPAYERSʼ & RESIDENTSʼ ASSOCIATION INC & ROGAN v NORTHLAND REGIONAL COUNCIL & KAIPARA DISTRICT COUNCIL[2017] NZHC 1972 [17 August 2017]

 

MANGAWHAI RATEPAYERSʼ & RESIDENTSʼ ASSOCIATION INC v NORTHLAND REGIONAL COUNCIL & KAIPARA DISTRICT COUNCIL [2016] NZHC 2192 [15 September 2016]

Judgment appealed from - Court of Appeal NORTHLAND REGIONAL COUNCIL v KAIPARA DISTRICT COUNCIL [2018] NZCA 63 [27 March 2018]
Leave judgment - leave dismissed MANGAWHAI RATEPAYERS’ & RESIDENTS’ ASSOCIATION INCORPORATED v
NORTHLAND REGIONAL COUNCIL [2018] NZSC 69 [6 August 2018]

 

 

Case number

SC 31/2018

Case Name David Raymond Lewis v Chief Executive of the Department of Corrections
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against an extended supervision order made in the District Court.  

Result

The application for leave to appeal is dismissed.                                                          
13 June 2018  

District Court judgment

not publicly available

Judgment appealed from - Court of Appeal

David Raymond Lewis v Chief Executive of the Department of Corrections  [2018 NZCA 99 [18 April 2018]

Leave judgment - leave dismissed

DAVID RAYMOND LEWIS v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
[2018] NZSC 51 [13 June 2018]

 

Case number

SC 32/2018

Case Name Joseph Warren Lepper v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a sentence of preventive detention.   

Result

The application for an extension of time to file an application for leave to appeal is dismissed.

26 June 2018              

High Court judgment

R v LEPPER [2014] NZHC 3015 [28 November 2014]

Judgment appealed from - Court of Appeal LEPPER v R [2016] NZCA 209 [18 May 2016]
Leave judgment - leave dismissed JOSEPH WARREN LEPPER v R [2018] NZSC 58 [26 June 2018]

 

Case number

SC 33/2018

Case Name Donny Falakoa v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred by not making a discrete allowance for mental health issues and remorse during sentencing – Whether there are exceptional circumstances justifying taking an appeal against conviction directly to this Court. 

Result

The application for leave to appeal is dismissed.                                                             
31 July 2018

District Court judgment

not publicly available

Judgment appealed from - Court of Appeal FALAKOA V R [2016] NZCA 202 [16 May 2016]
Leave judgment - leave dismissed DONNY FALAKOA v R [2018] NZSC 65 [31 July 2018]

 

Case number

SC 34/2018

Case Name H v The Queen
Summary

 

Result

 

Case number

SC 37/2018

Case Name T v The Queen
Summary

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

Result

A Notice of Abandonment having being lodged the appeal is deemed to be dismissed.

12 November 2018 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

T(CA670/2016) v The Queen [2018] NZCA 102 [20 April 2018]

Case number

SC 38/2018

Case Name Ee Kuoh Lau v The Queen
Summary

 

Result

A Notice of abandonment having been lodged, the appeal is deemed to be dismissed
31 May 2018

District Court judgment

Auckland Regional council v Eu Kuoh Lau [2018] NZDC 1133 [24 January 2018]

Judgment appealed from - Court of Appeal

Lau v R [2018] NZCA 151 [16 May 2018]

 

 

Case number

SC 39/2018

Case Name D v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in partly dismissing the applicant’s appeal against conviction – Whether the trial Judge misdirected the jury – Whether evidence adduced at trial was unfairly prejudicial to the applicant.

Result

The application for leave to appeal is dismissed.

 

20 August 2018

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

D (CA533/2016) v R [2018] NZCA 109 [20 April 2018]

Leave judgment - leave dismissed D (SC 39/2018) v R [2018] NZSC 76 [20 August 2018]

 

 

Case number

SC 41/2018

Case Name Garry Ablert Muir v Commissioner of Inland Revenue
Summary

Civil Appeal – Tax Administration Act 1994 – Res judicata – Whether the Court of Appeal was right to dismiss the applicant’s appeal against summary judgment – Whether challenge proceedings finally determined.

Result

A The application for leave to appeal is dismissed.

B Costs of $2,500 are awarded to the respondent.
29 August 2018

High/District Court judgment

COMMISSIONER OF INLAND REVENUE v MUIR [2017] NZHC 1413 [23 June 2017]

Judgment appealed from - Court of Appeal MUIR v COMMISSIONER OF INLAND REVENUE [2018] NZCA 129 [30 April 2018]
Leave judgment - leave dismissed GARRY ALBERT MUIR v COMMISSIONER OF INLAND REVENUE [2018] NZSC 81 [29 August 2018]

 


  
Case number

SC 43/2018

Case Name John Stephen Patrick v Bank of New Zealand
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the High Court’s decision to grant summary judgment to the respondent.

Result

A The application for leave to appeal is dismissed.

B The applicant is to pay costs of $2,500 to the respondent.
8 August 2018

High Court judgment

BANK OF NEW ZEALAND v PATRICK [2017] NZHC 1184 [1 June 2017]

Judgment appealed from - Court of Appeal PATRICK v BANK OF NEW ZEALAND [2018] NZCA 122 [26 April 2018]
Leave judgment - leave dismissed JOHN STEPHEN PATRICK v BANK OF NEW ZEALAND [2018] NZSC 73 [8 August 2018]

 

 

Case number

SC 44/2018

Case Name Richina Pacfic Limited v Samson Corporation Limited and AAI Limited (formerley Vero Insurance Limited)
Summary

Civil Appeal – Interpretation of a standard form construction contract – Whether the Court of Appeal erred in dismissing the applicant’s appeal.

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the first respondent.
8 August 2018

High Court judgment

RICHINA PACIFIC LTD v AAI LTD (FORMERLY VERO INSURANCE LTD) & ANOR [2017] NZHC 1686 [20 July 2017]

Judgment appealed from - Court of Appeal RICHINA PACIFIC LTD & ANOR v SAMSON CORPORATION LTD [2018] NZCA 132 [1 May 2018]
Leave judgment - leave dismissed RICHINA PACIFIC LTD v SAMSON CORPORATION LTD [2018] NZSC 72 [8 August 2018]

 

Case number

SC 45/2018

Case Name Bevin Hall Skelton v Charles Michael Howcroft, Daran Nair and Charles Henry Bird
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an application for extension of time to appeal – Whether the Court of Appeal erred in upholding an order for security for costs in an application for pre-commencement discovery.

Result

The application for leave to appeal is dismissed.   
3 August 2018

High Court judgment

SKELTON v HOWCROFT [2017] NZHC 1149 30 May 2017

SKELTON v HOWCROFT [2017] NZHC 2425 [4 October 2017]

SKELTON v HOWCROFT [2017] NZHC 2941 [29 November 2017]

Judgment appealed from - Court of Appeal SKELTON v HOWCROFT [2018] NZCA 140 [7 May 2018]
Leave judgment - leave dismissed BEVIN HALL SKELTON v CHARLES MICHAEL HOWCROFT [2018] NZSC 67 [3 August 2018]

 

 

Case number

SC 46/2018

Case Name Philip Claude Tarr v Douglas John Sutcliffe and Terence Sutcliffe and Braden Matson as partners of Frost & Sutcliffe Lawyers
Summary

Civil Appeal – Whether the Court of Appeal erred in striking out the applicant’s claim as an abuse of process.

Result

A  The application for leave to appeal is dismissed.
B  Costs of $2,500 are awarded to the respondents.
31 July 2018

High Court judgment
Judgment appealed from - Court of Appeal Sutcliffe & Tarr [2018] NZCA 135
Leave judgment - leave dismissed PHILIP CLAUDE TARR v DOUGLAS JOHN SUTCLIFFE [2018] NZSC 66 [31 July 2018]

 

 

Case number

SC 48/2018

Case Name Wayne William Smith v The Queen
Summary

Criminal Appeal – Evidence Act 2006, s 76 – Juror misconduct – Whether the Court of Appeal erred in dismissing the applicant’s application for an order to appoint a special counsel.

Result

The application for leave to appeal is dismissed.
21 August 2018

District Court judgment

Not publicly available 

Judgment appealed from - Court of Appeal [2018] NZCA 158_
Leave judgment - leave dismissed WAYNE WILLIAM SMITH v R [2018] NZSC 77 [21 August 2018]

  

 

Case number

SC 49/2018

Case Name Robert Hoani Clifford Cribb and Karen Lynne Stevens v FM Custodians Limited
Summary

Civil Appeal – Trespass – Bailment – Whether the Court of Appeal erred in finding the respondent mortgagees were entitled to remove the applicants’ possessions from the property – Whether applicants liable for costs associated with removal and storage. 

Result

A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondent.
9 October 2018 

High Court judgment

FM CUSTODIANS LIMITED v CRIBB & ANOR [2017] NZHC 1562 [7 July 2017]

Judgment appealed from - Court of Appeal CRIBB AND STEVENS v FM CUSTODIANS LIMITED [2018] NZCA 183 [6 June 2018]
Leave judgment - leave dismissed ROBERT HOANI CLIFFORD CRIBB AND KAREN LYNNE STEVENS v FM CUSTODIANS LIMITED [2018] NZSC 90 [9 October 2018] 

 

Case number

SC 50/2018

Case Name Jeremy James McGuire v New Zealand Law Society
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal – Whether the Court of Appeal was correct to hold that the issue was whether counsel had properly advised the client about the risk and financial implications of litigation. 

Result

A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
11 October 2018

High Court judgment

MCGUIRE v NEW ZEALAND LAW SOCIETY [2017] NZHC 2484 [11 October 2017]

Judgment appealed from - Court of Appeal

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 184 [6 June 2018]

Leave judgment - leave dismissed

JEREMY JAMES McGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZSC 93 [11 October 2018]

 

Case number

SC 53/2018

Case Name Cornelius Hermanus Hendriks v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the failure to adduce evidence of the applicant’s lack of previous convictions at trial did not materially diminish the applicant’s prospects of an acquittal – Whether the Court of Appeal erred in finding that the trial Judge’s summing-up on the standard of proof was orthodox.   

Result

The application for leave to appeal is dismissed.                                                     

25 October 2018 

District Court judgment

Not publicly available

Judgment appealed from - Court of Appeal

H (CA741/2017) v R [2018] NZCA 218 [26 June 2018]

Leave judgment - leave dismissed

CORNELIUS HERMANUS HENDRIKS v R [2018] NZSC 98 [25 October 2018]

 

Case number

SC 59/2018

Case Name Martin Victor Lyttelton v The Queen
Summary

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

Result

The application for leave to appeal against both conviction and sentence
is dismissed.
16 October 2018 

High Court judgment

R v LYTTELTON [2016] NZHC 1041 [18 May 2016]

Judgment appealed from - Court of Appeal

LYTTELTON v R [2018] NZCA 243 [6 July 2018]

Leave judgment - leave dismissed MARTIN VICTOR LYTTELTON v R [2018] NZSC 94 [16 October 2018]

 

 

Case number

SC 62/2018

Case Name WK v Refugee Protection Officer
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s dismissal of judicial review – Whether the Court of Appeal erred in its dismissal of the application to adduce further evidence. 

Result

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
10 October 2018 

High Court Judgment

WK v THE REFUGEE PROTECTION OFFICER, MBIE, AUCKLAND [2018] NZHC 514 [23 March 2018]

Judgment appealed from - Court of Appeal

WK v REFUGEE AND PROTECTION OFFICER [2018] NZCA 258 [17 July 2018]

Leave judgment - leave dismissed

WK v REFUGEE AND PROTECTION OFFICER [2018] NZSC 91 [10 October 2018]

 

 

Case number

SC 63/2018

Case Name

Christopher Joseph O'Neill v Minister of Justice and Human Rights Review Tribunal

Summary

No summary to be issued.

Result

The application for leave to appeal is dismissed.

 24 August 2018 

Leave judgment - leave dismissed

CHRISTOPHER JOSEPH O’NEILL v MINISTER OF JUSTICE [2018] NZSC 80 [24 August 2018]

 

 

Case number

SC 64/2018

Case Name

Moko Puna Tua Tahi Turner v The chief Executive of the Department of Corrections

Summary

Civil Appeal – Habeas Corpus – Whether Fitzgerald J erred in denying the applicant’s application for habeas corpus

Result

A The application for leave to appeal is dismissed.
B No order as to costs.
3 September 2018 

Judgment appealed from - High Court Turner v Chief Executive of the Department of Corrections [2018] NZHC 1948 [1 August 2018] 
Leave judgment - leave dismissed MOKO PUNA TUA TAHI TURNER v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2018] NZSC 83 [3 September 2018]

 
   

Case number

SC 65/2018

Case Name

Karl Teangiotau Nuku v The Queen

Summary

Civil Appeal – Whether the Court of Appeal erred in declining the applicant’s request for a transcript of the hearing of his appeal against conviction and sentence in that Court. 

Result

The application for leave to appeal is dismissed.                                    

17 October 2018

High Court Judgment

 

Judgment appealed from - Court of Appeal Not publicly available
Leave judgment - leave dismissed KARL TEANGIOTAU NUKU v R [2018] NZSC 96 [17 October 2018]

 

Case number

SC 67/2018

Case Name

Phillip John Smith v The New Zealand Parole Board

Summary

Civil Appeal – Whether Court of Appeal Judge erred in upholding a Deputy-Registrar of that Court’s decision to refuse to dispense with security for costs. 

Result

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

16 October 2018

High Court Judgment

SMITH v NEW ZEALAND PAROLE BOARD [2018] NZHC 955 [7 May 2018] 

Judgment appealed from - Court of Appeal SMITH v NEW ZEALAND PAROLE BOARD [2018] NZCA 295 [7 August 2018] 
Leave judgment - leave dismissed PHILLIP JOHN SMITH v NEW ZEALAND PAROLE BOARD [2018] NZSC 95 [16 October 2018]

 

Case number

SC 68/2018

Case Name

Neil Raymond Swain v The Queen

Summary

 

Result

The application for leave to appeal is dimissed.

9 November 2018 

High Court Judgment

Not publicly available_

Judgment appealed from - Court of Appeal SWAIN v R [2018] NZCA 259 [19 July 2018]
Leave judgment - leave dismissed NEIL RAYMOND SWAIN v R [2018] NZSC 106 [9 November 2018]

 

Case number

SC 71/2018

Case Name

Quinton Paul Winders v The Queen

Summary

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

Result

The application for leave to appeal is dismissed.

30 October 2018

High Court Judgment

R v Winders [2016] NZHC 2964 [9 December 2016]

Judgment appealed from - Court of Appeal WINDERS v R [2018] NZCA 277 [31 July 2018]
Leave judgment - leave dismissed QUINTON PAUL WINDERS v R [2018] NZSC 100 [30 October 2018]

       

Case number

SC 72/2018

Case Name

Richard Lyall Genge v Chief Executive of the Department of Corrections and The Attorney-General

Summary

 Civil Appeal – Whether there are exceptional circumstances justifying a direct appeal against a decision of the High Court dismissing an application for judicial review.

Result A The application for an extension of time to appeal is allowed.
B The application for leave to appeal is dismissed.
C No order as to costs.
5 October 2018
High Court Judgment

GENGE v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2018] NZHC 1447 [15 June 2018]     

Leave judgment - leave dismissed

Richard Lyall Genge v Chief Executive of the Department of Corrections [2018] NZSC 87

 

Case number

SC 73/2018

Case Name Dermont Gregory Nottingham v Auckland District Court, Hemi Taka, Martin Honey and Stephanie Honey
Summary

Criminal Appeal – Criminal Procedure Act 2011 – Whether the Court of Appeal erred in holding that it did not have jurisdiction to hear the appeal against the decisions of the High Court. 

Result

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

5 November 2018

High Court Judgment

NOTTINGHAM v HONEY [2017] NZHC 2921 [28 November 2017]

Judgment appealed from - Court of Appeal NOTTINGHAM v District Court at Auckland [2018] NZCA 345 [3 September 2018]
Leave judgment - leave dismissed DERMOT GREGORY NOTTINGHAM v HEMI TAKA, MARTIN RUSSELL HONEY AND STEPHANIE FRANCIS HONEY [2018] NZSC 102 [5 November 2018]

 

Case number

SC 76 /2018

Case Name

Dermont Gregory Nottingham v District Court at Auckland, Martin Russell Honey, Stephanie Frances Honey and Hemi Taka

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the striking out of his claim. 

Result

 A The application for an extension of time to apply for leave to appeal is dismissed.

B The applicant is to pay costs of $2,500 to the second respondents.

20 November 2018

High Court Judgment

NOTTINGHAM v THE AUCKLAND DISTRICT COURT & ORS [2017] NZHC 777 [27 April 2017] 

Judgment appealed from - Court of Appeal NOTTINGHAM v DISTRICT COURT AT AUCKLAND [2018] NZCA 75 [28 March 2018]
Leave judgment - leave dismissed DERMOT GREGORY NOTTINGHAM v DISTRICT COURT AT AUCKLAND [2018] NZSC 110 [20 November 2018]

 

Case number

SC 77 /2018

Case Name

Patrick Maurice O'Sullivan v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in declining the application for leave to bring a second appeal against conviction – Whether there are exceptional circumstances justifying an appeal direct from the High Court.  

Result

The application for leave to appeal is dismissed.

7 November 2018

_____________________

The application for recall of this Court’s judgment of 7 November 2018 (O’Sullivan v R [2018] NZSC 103) is dismissed.
28 November 2018

High Court Judgment OʼSULLIVAN v THE QUEEN [2017] NZHC 2628  [26 October 2017]
Judgment appealed from - Court of Appeal O’SULLIVAN v R [2018] NZCA 201 [18 June 2018]
Leave judgment - leave dismissed PATRICK MAURICE O’SULLIVAN v R [2018] NZSC 103 [7 November 2018]

 

Case number

SC 79/2018

Case Name

Estall Jhana Glassie v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge adequately directed the jury.  

Result

The application for leave to appeal is dismissed.

30 October 2018

High Court Judgment

not publicly available

Judgment appealed from - Court of Appeal

GLASSIE v R [2018] NZCA 308   14 August 2018 

Leave Judgment - leave dismissed

ESTALL JHANA GLASSIE v R [2018] NZSC 101 [30 October 2018]

 

Case number

SC 80/2018

Case Name

James John Duncan Macfarlane v Perpetual Trust Limited

Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the High Court’s decision to remove a caveat over a property and grant vacant possession.

Result A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent
14 November 2018
High Court Judgment

MACFARLANE v PERPETUAL TRUST LIMITED [2018] NZHC 1055 [15 May 2018]

Judgment appealed from - Court of Appeal MACFARLANE v PERPETUAL TRUST LTD [2018] NZCA 311 [14 August 2018]
Leave judgment - leave dismissed JAMES JOHN DUNCAN MACFARLANE v PERPETUAL TRUST LIMITED [2018] NZSC 107
[14 November 2018]

 

Case number

SC 81/2018

Case Name

Marie Deanne Castle v Whakatane District Council

Summary

Civil Appeal – Whether there are exceptional circumstances which warrant granting leave against a decision of the High Court dismissing an application for a declaration that rates assessed against properties owned by the applicant are invalid.  

Result A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
30 October 2018
High Court Judgment

CASTLE v WHAKATANE DISTRICT COUNCIL [2018] NZHC 1687 [10 July 2018]

Leave judgment - leave dismissed

MARIE DEANNE CASTLE v WHAKATANE DISTRICT COUNCIL [2018] NZSC 99 [30 October 2018]

 

Case number

SC 82/2018

Case Name

Toni Colin Reihana v Rakiura Titi Committee, Marama Cooper, Stewart Bull, Ron Bull and Sonia Rakiti

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against stay of proceedings for abuse of process. 

Result A The application for leave to appeal is dismissed.
B The applicant must pay the first respondent costs of $2,500.
3 December 2018
High Court Judgment REIHANA v RAKIURA TITI COMMITTEE [2016] NZHC 2048 [31 August 2016]
Judgment appealed from - Court of Appeal REIHANA v RAKIURA TITI COMMITTEE [2018] NZCA 325 [27 August 2018]
Leave judgment - leave dismissed TONI COLIN REIHANA v RAKIURA TITI COMMITTEE [2018] NZSC 119 [3 December 2018]

 

Case number

SC 83/2018

Case Name

Raymond Joseph Tukaki v The Commonwealth of Australia 

Summary

Criminal Appeal – Extradition Act 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against a surrender order – Whether the Court of Appeal erred in upholding the decision not to refer the applicant’s case to the Minister of Justice. 

Result

The application for leave to appeal is dismissed. 

19 November 2018

High Court Judgment

TUKAKI v THE DISTRICT COURT AT TAURANGA & ANOR [2017] NZHC 843 [31 October 2017] 

Judgment appealed from - Court of Appeal

TUKAKI v THE COMMONWEALTH OF AUSTRALIA [2018] NZCA 324 [27 August 2018]

Leave judgment - leave dismissed

RAYMOND JOSEPH TUKAKI v THE COMMONWEALTH OF AUSTRALIA [2018] NZSC 109 [19 November 2018]

 

Case number

SC 84/2018

Case Name

Peter Richard Prescott v District Court at North Shore and Malcolm Denmead 

Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the applicant’s application for judicial review of the Registrar’s decision to require security for costs. 

Result A  The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the second respondent.
19 November 2018
High Court Judgment

 

Judgment appealed from - Court of Appeal

[2018] NZCA 385_

 

Leave judgment - leave dismissed

PETER RICHARD PRESCOTT v DISTRICT COURT AT NORTH SHORE [2018] NZSC 108 [19 November 2018]

 

Case number

SC 85/2018

Case Name

Anthony Donald Grooby v The Queen  

Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge was not required to direct the jury on the standard of proof to which propensity evidence must be proved before the jury can consider it in reaching its verdict. 

Result The application for leave to appeal is dismissed.                                                                26 November 2018
Judgment appealed from - Court of Appeal

GROOBY v R [2018] NZCA 344 [3 September 2018]

Leave judgment - leave dismissed

ANTHONY DONALD GROOBY v R [2018] NZSC 114 [26 November 2018]

 

Case number

SC 89/2018

Case Name

Karl Teangiotau Nuku v The Queen  

Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that errors at trial were not capable of affecting the outcome of the trial – Whether an extension of time to bring an application for leave to appeal should be granted. 

Result

The application for leave to appeal is dismissed.

20 November 2018

High/District Court Judgment

Not publicly available

Judgment appealed from - Court of Appeal

NUKU V R [2016] NZCA 179 [6 May 2016] 

Leave judgment - leave dismissed

KARL TEANGIOTAU NUKU v R [2018] NZSC 111 [20 November 2018]

   

Case number

SC 90/2018

Case Name

Dermot Gregory Nottingham v Maltese Cat Limited, Clyde Maclean and Elizabeth Currie 

Summary

 

Result
High Court judgment MALTESE CAT LIMITED v DOE [2017] NZHC 1634 [14 July 2017]
High Court Judgment

MALTESE CAT LIMITED v JOHN DOE AND/OR JANE DOE [2017] NZHC 1728 [25 July 2017]

Judgment appealed from - Court of Appeal

DERMOT NOTTINGHAM v MALTESE CAT LIMITED [2018] NZCA 387 [24 SEPTEMBER 2017]

 

Case number

SC 92/2018

Case Name

Jiri Kupec v The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge correctly applied the formulation of recklessness adopted in Cameron v R [2017] NZSC 89 – Whether the Court of Appeal erred in finding that the trial Judge was correct to dismiss a defence submission that, if the applicant proved an innocent state of mind, an acquittal should follow – Whether the Court of Appeal was wrong to find that the trial Judge’s direction on the applicant’s out of court statement was adequate.                      

Result The application for leave to appeal is dismissed.
22 November 2018
Judgment appealed from - Court of Appeal

KUPEC v R [2018] NZCA 377 [19 September 2018]

Leave judgment - leave dismissed

JIRI KUPEC v R [2018] NZSC 113 [22 November 2018]