Case information - leave to appeal dismissed 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

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

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

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

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

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) :

ALISTER JAMES REID v R [2017] NZSC 108  7 July 2017

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

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. 

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

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

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]

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

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

Dennis Rangiaho Hohua v The Queen

Criminal Appeal – Evidence Act 2006, ss 37 and 44 – Whether the Court
of Appeal was correct to uphold the trial Judge’s ruling that evidence of an
allegedly false prior complaint by the complainant was inadmissible at trial. 

The application for leave to appeal is dismissed.
22 August 2017

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.

The application for leave to appeal is dismissed.                                       

16 August 2017

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

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. 

A The application for leave to appeal is dismissed.                                      

B Costs of $2,500 are awarded to the respondents. 

31 August 2017

Lakes Edge Developments Limited v Kawarau Village Holdings Limited

Civil Appeal – Whether the Court of Appeal erred in upholding a decision refusing summary judgment – Whether Court of Appeal erred in its analysis of the tort of continuing trespass.  

A notice of abandonment having been lodged, the appeal is deemed to be dismissed. 

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 application for leave to appeal is dismissed. 

6 November 2017

Akuhatua Tihi v The Queen

Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether there was a breach of s 32 of the Evidence Act 2006 leading to a miscarriage of justice. 

The application for leave to appeal is dismissed.
21 September 2017 

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.  

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

29 August 2017 

Craig Alexander Sanson and David John Bridgman v Ebert Construction Limited 

Civil Appeal – Companies Act 2006 – Whether the Court of Appeal erred in finding that the payments were not made by the insolvent company – Whether the Court of Appeal erred in finding that the respondent did not receive more than they would have in liquidation – Whether the Court of Appeal erred in finding that a transaction was not an insolvent transaction. 

A notice of abandonment having been lodged, the appeal is deemed to be dismissed. 

Stanley Allen Gilmour v Chief Exectuive of the Department of Corrections 

Criminal Appeal – Parole Act 2002, s 43(1)(c) – Parole Assessment Reports – Whether the Court of Appeal erred in its interpretation of s 43(1)(c). 

A The application for leave to appeal is dismissed.     

B The applicant must pay the respondent costs of $2,500.

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 

A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
6 October 2017 

Musab Hamdi v The Queen 

Criminal Appeal – Evidence Act 2006, s 32 – Whether the Court of Appeal erred in holding that the trial Judge’s references in summing-up remedied the prosecutor’s breach of s 32 – Whether the Court of Appeal erred in holding there was no trial counsel error creating a miscarriage of justice at the applicant’s trial  

A The application for an extension of time is granted.                                                                 

B The application for leave to appeal is dismissed.

Jawahar Bhaskar Musuku v Commissioner of Inland Revenue 

Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35 – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision declining to dispense with security for costs. 

An extension of time is granted but the application for leave to appeal is dismissed.
14 September 2017 

C v The Queen

Criminal Appeal – Evidence Act 2006, s 44 – Whether Court of Appeal erred in upholding a pre-trial ruling that evidence of sexual experience was not admissible. 

The application for leave to appeal is dismissed. 

(not publicly available)

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

12 September 2017

SONSRAM TRUSTEE LIMITED v HARRISON FRIERSON CONSULTANTS LIMITED [2016] NZHC 581   6 April 2016

Criminal Appeal – Whether the Court of Appeal erred in holding that the jury’s verdict at the applicant’s trial was not unreasonable – Whether the Court of Appeal erred in holding that the trial Judge did not need to give a specific direction on drawing inferences.

Criminal Appeal – Appeal against conviction – New Zealand Bill of Rights Act 1990, s 25 – Criminal Procedure Act 2011, s 232 – Whether the Court of Appeal erred in finding there was no miscarriage of justice. 

The application for leave to appeal is dismissed.                                              

6 September 2017  

Civil Appeal – Whether the Court of Appeal erred in holding that the respondents had a caveatable interest in the appellant’s properties. 

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

Civil Appeal – Whether the Court of Appeal erred in upholding a decision of the High Court declining the applicants’ application for relief against forfeiture of a lease. 

A The application for leave to appeal is dismissed.                                             

B The application for a stay is dismissed.                                                     

C Costs of $2,500 are awarded to the respondent.                                                 

6 October 2017 

Civil Appeal – Copyright Act 1994, ss 35, 120 and 232 – Whether the Court of Appeal erred in holding that the second and third respondents were entitled to enforce copyright in New Zealand – Whether the Court of Appeal erred in holding that the applicant infringed copyright by importation.

A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $4,500 and reasonable disbursements to the respondents.                                                                                         

20 November 2017 

Civil Appeal – Residential Tenancies Act 1986 – Whether the Court of Appeal erred in declining leave to appeal in respect of a possession order made by the Tenancy Tribunal – Whether the Supreme Court has jurisdiction to hear appeal.    

A The application for an extension of time is granted.
B The applications for leave to appeal and for a stay are dismissed.
C The applicants must pay costs of $2,500 to the first respondent.                                    

10 October 2017

Criminal Appeal – Whether Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether Court of Appeal erred in holding that the trial Judge’s directions about identification evidence were adequate.   

Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 20 of the Customs and Excise Act 1996.

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

Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in finding the directors’ conduct amounted to breach of the duties imposed by ss 135 (reckless trading) and 137 (duty of care). 

A The application for an extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
C Costs of $2,500 are awarded to the respondents.
20 October 2017

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

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

____________________

The application for leave to appeal is dismissed.

6 November 2017

Civil Appeal – Whether the Court of Appeal erred in upholding the Registrar’s decision not to dispense with security for costs. 

The application for leave to appeal is dismissed as an abuse of process.
28 September 2017 

______________________

The application for recall is dismissed.                                                       

1 November 2017       

Civil Appeal – Whether the Court of Appeal erred in declining to review the Registrar of that Court’s decision to not dispense with security for costs.   

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

Criminal Appeal – Crimes Act 1961, s 48 – Whether the Court of Appeal erred in holding that the High Court Judge at trial was correct not to direct the jury on self-defence. 

The application for leave to appeal is dismissed.                                                             

28 November 2017

R v  Te Tomo [2015] NZHC 2671 (30 October 2015)

Civil Appeal – Whether the Court of Appeal erred in finding that the respondent was entitled to a reduction in debt in respect of the sale and purchase  

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

Civil Appeal – Whether the Court of Appeal erred in finding that in an appeal under s 267 of the Customs and Excise Tax Act 1996 the burden of proof is on the appellant – Whether the Court of Appeal erred in finding that the High Court Judge had made a relevant or material error as to the test of intention under s 225(1)(o) of the Act – Whether the Court of Appeal exceeded its jurisdiction under s 273 of the Act.   

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

JURY v THE CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE [2016] NZHC 2868 [2 December 2016]

Criminal Appeal – Whether the Court of Appeal erred in upholding the adequacy of the trial Judge’s summing-up – Whether the quashing of certain convictions by the Court of Appeal suggests other miscarriages of justice leading to the surviving convictions –Whether the sentence substituted by the Court of Appeal was manifestly excessive in the circumstances 

The application for leave to appeal is dismissed. 

27 November 2017 

not publicly available

T J CRIDGE AND M A UNWIN v STUDORP LIMITED [2015] NZHC 3065 [4 December 2015]

Civil Appeal – Breach of duties owed by lawyer to client – Whether Court of Appeal erred in dismissing the applicant’s claim against his former lawyers.  

A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017 

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the City of Auckland Operative District Plan 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence. 

The application for leave to appeal is dismissed.                                              

6 December 2017  

Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to waive the filing fee for the appeal – 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. 

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

11 December 2017

Criminal Appeal – Sentence Appeal – Whether the High Court erred in imposing a minimum term of preventive detention longer than the maximum period of imprisonment for the offending.   

R v Baker HC Auckland CRI 2008-044-9492 [2010] NZHC 2128 (5 November 2010) 

Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding there was no miscarriage of justice at trial. 

 Civil Appeal – Whether the Court of Appeal erred in holding that the arbitration agreement entered into by Ngāti Taka and Pirirakau replaced an earlier arbitration process agreed among the hapū of Ngāti Ranginui – Whether the Court of Appeal correctly interpreted the earlier agreement – Whether the Court of Appeal erred in holding that the deed of settlement entered into between representatives of all hapū of Ngāti Ranginui and the Crown is final and binding as between Ngāti Taka and Pirirakau.

Civil Appeal – Senior Courts Act 2016, s 166 – Whether the Court of Appeal erred in finding it did not have jurisdiction to review the decision of the Deputy Registrar.  

The application is dismissed for want of jurisdiction                                            

4 December 2017 

The application for leave to appeal is dismissed.                                               

13 December 2017