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Case information - leave to appeal dismissed 2017

 

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  18 October 2017

Case Number

SC 1/2017

Case Name

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

Summary

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

Result

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

HC judgment SHEPHARD v RABSON [2015] NZHC 3137  9 December 2015
Judgment appealed from

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

Leave judgment - leave dismissed

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

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Case Number

SC 2/2017

Case Name

Donna Michelle Ritchie v Accident Compensation Corporation

Summary Civil Appeal – Accident Compensation Act 2001, s 110(3) – Whether the Court of Appeal erred in its interpretation of s 110(3) of the Accident Compensation Act 2001 –  Whether the Court of Appeal erred in applying McGrath v Accident Compensation Corporation [2011] NZSC 77, [2011] 3 NZLR 733 –  Whether the Court of Appeal erred in its assessment of evidence.  
Result

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

HC judgment DONNA RITCHIE V ACCIDENT COMPENSATION CORPORATION [2015] NZHC 2305    23 September 2015
Judgment appealed from DONNA MICHELLE RITCHIE v ACCIDENT COMPENSATION CORPORATION [2016] NZCA 577   2 December 2016
Leave judgment - leave dismissed

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

 

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Case Number

SC 3/2017

Case Name

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

Summary

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. 

Result

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

CA judgment MALCOLM EDWARD RABSON AS TRUSTEE OF THE MALCOLM RABSON FAMILY TRUST V LINDA   GALLAGHER COA CA507/2010   20 December 2011
Judgment appealed from

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

Leave judgment - leave dismissed MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 44    5 April 2017
Recall judgment - recall dismissed MALCOLM EDWARD RABSON v LINDA GALLAGHER [2017] NZSC 63    4 May 2017

 

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Case Number

SC 4/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Summary

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.

Result

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

HC judgment appealed from MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2016] NZHC 3162   20 December 2016                                             __
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 39  27 March 2017
Recall judgment - recall dismissed MALCOLM EDWARD RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZSC 66   9 May 2017

 

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Case Number

SC 5/2017

Case Name

Gary Owen Burgess v Malley & Co 

Summary

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

Result

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

27 March 2017

HC judgment MALLEY & CO v BURGESS [2016] NZHC 907    5 May 2016
Judgment appealed from BURGESS v MALLEY & CO [2016] NZCA 585   6 December 2016
Leave judgment - leave dismissed GARY OWEN BURGESS v MALLEY & CO [2017] NZSC 38   27 March 2017

 

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Case Number

SC 6/2017

Case Name

David Keith Silby v New Zealand Police

Summary

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.

Result

The application for leave to appeal is dismissed.

7 April 2017

HC judgment SILBY v NEW ZEALAND POLICE [2016] NZHC 162   15 February 2016
Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 7/2017 

Case Name

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

Summary

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.
 

Result

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

HC judgment KWAK & ANOR v PARK [2016] NZHC 530    24 March 2016
Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

 SC 8/2017

Case Name

Nicholas David Wright v Vijay Bhosale and Attorney-General 

Summary

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. 

Result

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

HC judgment WRIGHT v BHOSALE & ANOR [2016] NZHC 3367   21 December 2015
Judgment appealed from

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

Leave judgment - leave dismissed NICHOLAS DAVID WRIGHT v VIJAY BHOSALE AND ATTORNEY-GENERAL [2017] NZSC 69   9 May 2017

 

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Case Number

SC 9/2017 

Case Name

Chatfield & Co Limited v Commissioner of Inland Revenue

Summary

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? 

Result

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

HC judgment CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2015] NZHC 2099    1 September 2015
Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 12/2017 

Case Name

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

Summary

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.

Result

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

HC judgment

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

Judgment appealed from Harlen v Chief Executive of the Ministry of Social Development [2016] NZCA 648
Leave judgment - leave dismissed KATHRYN ANNE HARLEN v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL
DEVELOPMENT [2017] NZSC 87   12 June 2017

 

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Case Number

 SC 14/2017

Case Name

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

Summary

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. 

Result

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

HC judgment The Commissioner of Police v de Wys [2015] NZHC 540    24 March 2015
Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

 SC 15/2017

Case Name

 Mateo Melina Nixon v The Queen

Summary

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

Result

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

DC judgment THE QUEEN v NIXON [2015] NZDC 16756 not available
Judgment appealed from

 NIXON V R [2016] NZCA 589   9 December 2016

Leave judgment - leave dismissed

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

 

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Case Number

SC 16/2017 

Case Name

Richard Lyall Genge v Superintendent of Christchurch Men's Prison

Summary

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

Result

The application for leave to appeal is dismissed.                               

28 March 2017

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 17/2017

Case Name

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

Summary

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.   

Result

The application for leave to appeal is dismissed.                              

2 March 2017

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 18/2017

Case Name

B v ALA

Summary

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

Result

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

Employment Court decision

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

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 19/2017

Case Name

Malcolm Edward Rabson v Judicial Conduct Commissioner

Result

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


5 April 2017

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 20/2017

Case Name

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

Summary

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

Result

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

High Court judgment

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

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

 SC 21/2017

Case Name

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

Summary

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.

Result

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

Judgment appealed from

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

Leave judgment - leave dismissed

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

Recall judgment - recall dismissed

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

Recall judgment/review judgment - dismissed

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

 

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Case Number

 SC 24/2017

Case Name

AN v Bupa Care Services (New Zealand) Limited

Summary

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

Result

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

Judgment appealed from N v BUPA CARE SERVICES (NEW ZEALAND) LTD [2017] NZHC 499  17 March 2017
Leave judgment - leave dismissed

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

Recall judgment - recall dismissed

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

 

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Case number

 SC 25/2017

Case name

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

Summary

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.

Result

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

High Court judgment COMMISSIONER OF INLAND REVENUE v CLARENCE JOHN FALOON [2016] NZHC 760   14 April 2016
Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

SC 27/2017

Case Name

Alan Ivo Greer v The Queen 

Summary

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

Result

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

High Court judgment R v GREER [2014] NZHC 2364     26 September 2014
Judgment appealed from

GREER v R [2016] NZCA 630   21 December 2016

Leave judgment - leave dismissed

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

 

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Case Number

SC 29/2017

Case Name

Alister James Reid  v The Queen

Summary

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

Result

The application for leave to appeal is dismissed.                                         

7 July 2017

Judgment appealed from

DC (not available publicly) :

Leave judgment - leave dismissed

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

 

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Case Number

SC 31/2017

Case Name

L v W

Summary

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.

Result

The application for leave to appeal is dismissed.                                       

21 June 2017

HC judgment

not available online

Judgment appealed from

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

Leave judgment - leave dismissed

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

 

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Case Number

 SC 32/2017

Case Name

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

Summary

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

Result

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

HC judgment

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

Judgment appealed from WATER GUARD NZ LIMITED V MIDGEN ENTERPRISES LIMITED [2017] NZCA 36 2 March 2017
Leave judgment - leave dismissed MIDGEN ENTERPRISES LIMITED v UV WATER SYSTEMS LIMITED [2017] NZSC 68    9 May 2017

 

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Case Number

SC 33/2017

Case Name

Ahu Stanley Taylor v The Queen

Summary

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

Result

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

HC judgment

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

Judgment appealed from TAYLOR v R [2017] NZCA 53   9 March 2017
Leave judgment - leave dismissed

 

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Case Number

SC 34/2017

Case Name

Stevenson Brown Limited v Montecillo Trust

Summary

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.

Result

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

HC judgment MONTECILLO TRUST v STEVENSON BROWN LIMITED [2016] NZHC 684   14 April 2016
Judgment appealed from STEVENSON BROWN LIMITED V MONTECILLO TRUST [2017] NZCA 57  13 March 2017
Leave judgment - leave dismissed STEVENSON BROWN LIMITED v MONTECILLO TRUST [2017] NZSC 95  22 June 2017

 

 

Case Number

SC 36/2017

Case Name

Matthew Richard Brown v New Zealand Police

Summary

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

Result

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

HC judgment

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

Judgment appealed from BROWN v NEW ZEALAND POLICE [2017] NZCA 71   23 March 2017
Leave judgment - leave dismissed MATTHEW RICHARD BROWN v NEW ZEALAND POLICE [2017] NZSC 121 [18 August 2017]

 

 

Case number

SC 41/2017

Case Name

John Archibald Banks v The Queen

Summary

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.

Result

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

HC judgment

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

Judgment appealed from BANKS v R [2017] NZCA 69    21 March 2017
Leave judgment - leave dismissed JOHN ARCHIBALD BANKS v R [2017] NZSC 98   28 June 2017

 

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Case number

SC 42/2017

Case Name

Mathew Ngatai Te Moanaui v The Queen

Summary

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

Result

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

Judgment appealed from TE MOANANUI v R [2017] NZCA 88   28 March 2017
Leave judgment - leave dismissed MATHEW NGATAI TE MOANANUI v R [2017] NZSC 93  20 June 2017

 

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Case number

SC 43/2017

Case Name

Tony Douglas Robertson v The Queen

Summary

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

Result

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

HC judgment

R v R [2015] NZHC 713    15 April 2015

Judgment appealed from ROBERTSON v R [2016] NZCA 99   8 April 2016
Leave judgment - leave dismissed

 

 

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Case number

SC 44/2017

Case Name

Michael John Denney v The Queen

Summary

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

Result

The application for leave to appeal is dismissed.                                        

9 June 2017

Judgment appealed from DENNEY v R [2017] NZCA 80   27 March 2017
Leave judgment - leave dismissed MICHAEL JOHN DENNEY v R [2017] NZSC 85   9 June 2017

 

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Case number

SC 47/2017

Case Name

Bruce James Spittle v The Queen

Summary

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. 

Result

The application for leave to appeal is dismissed.                                        

6 July 2017

District Court judgment

not publicly available

Judgment appealed from

SPITTLE v R [2017] NZCA 116   7 April 2017

Leave judgment - leave dismissed

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

 

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Case number

SC 48/2017

Case Name

Wayne Thomas Patterson v The Queen

Summary

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.

High Court judgment

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

Judgment appealed from PATTERSON v R [2017] NZCA 66 [20 March 2017]
Leave judgment - leave dismissed WAYNE THOMAS PATTERSON v R [2017] NZSC 107  6 July 2017

 

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Case number

SC 49/2017

Case Name

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

Summary

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.

Result

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

HC judgment

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

Judgment appealed from ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED & ORS [2017] NZCA 121 [11 April 2017]
Leave judgment - leave dismissed ACTIVEDOCS LIMITED v CADRE INVESTMENTS LIMITED, MICHAEL WILLIAM SCOTT STANBRIDGE AND TREASURY MERCHANT FINANCE LIMITED [2017] NZSC 91   20 June 2017
 

 

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Case number

SC 51/2017

Case Name

Z v Z

Summary

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

Result

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

3 July 2017

High Court judgment (not available publicly)
Judgment appealed from Z V Z [2017] NZCA 94 [29 March 2017]
Leave judgment - leave dismissed Z (SC 51/2017) v Z [2017] NZSC 102   3 July 2017

 

 

Case number

SC 55/2017

Case Name

Chatfield & Co Limited v Commissioner of Inland Revenue

Summary

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.

 

Result A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
11 August 2017
High Court judgment CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZHC 2289 [27 September 2016]
Judgment appealed from CHATFIELD & CO LIMITED V COMMISSIONER OF INLAND REVENUE [2017] NZCA 148 [1 May 2017]
Leave judgment - leave dismissed CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2017] NZSC 118 [11 August 2017]

 

 

Case number

SC 56/2017

Case Name

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

Summary

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

Result

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

High Court judgment TORCHLIGHT FUND NO.1 LP (IN RECEIVERSHIP) v JOHNSTONE & ORS [2015] NZHC 2559 [19 October 2015]
Judgment appealed from WILACI PTY LIMITED v TORCHLIGHT FUND NO 1 LP (IN RECEIVERSHIP) [2017] NZCA 152 [2 May 2017]
Leave judgment - leave dismissed TORCHLIGHT FUND NO 1 LP (IN RECEIVERSHIP) v WILACI PTY LIMITED [2017] NZSC 112
[14 July 2017]

 

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Case number

SC 59/2017

Case Name

Dennis Rangiaho Hohua v The Queen

Summary

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. 

Result

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

District Court judgment

not publicly available

Judgment appealed from HOHUA v R [2017] NZCA 89 [28 March 2017]
Leave judgment - leave dismissed DENNIS RANGIAHO HOHUA v R [2017] NZSC 124 [21 August 2017] 

 

 

Case number

SC 60/2017

Case Name

Viliami One Fungavaka v The Queen

Summary

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.

Result

The application for leave to appeal is dismissed.                                       

16 August 2017

High Court judgment

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

Judgment appealed from FUNGAVAKA v R [2017] NZCA 195 [22 May 2017]
Leave judgment - leave dismissed VILIAMI ONE FUNGAVAKA v R [2017] NZSC 119 [14 August 2017]

 

 

Case number

SC 62/2017

Case Name

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

Summary

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. 

Result

A The application for leave to appeal is dismissed.                                      

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

31 August 2017

High Court judgment HELILOGGING LIMITED (IN RECEIVERSHIP AND LIQUIDATION) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2015] NZHC 2503   13 October 2015
Judgment appealed from HELI-LOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) v CIVIL AVIATION AUTHORITY OF NEW ZEALAND [2017] NZCA 196  22 May 2017
Leave judgment - leave dismissed CIVIL AVIATION AUTHORITY OF NEW ZEALAND v HELILOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) [2017] NZSC 132 [31 August 2017]

 

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Case number

SC 63/2017

Case Name

Lakes Edge Developments Limited v Kawarau Village Holdings Limited

Summary

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.  

Result

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

High Court judgment LAKES EDGE DEVELOPMENTS LIMITED v KAWARAU VILLAGE HOLDINGS LIMITED [2016] NZHC 2141 [9 September 2016]
Judgment appealed from LAKES EDGE DEVELOPMENTS LIMITED v KAWARAU VILLAGE HOLDINGS LIMITED [2017] NZCA 504 [24 May 2017]

 

 

Case number

SC 66/2017

Case Name

Akuhatua Tihi v The Queen

Summary

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. 

Result

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

High Court judgment R v BETHAM, REUBEN & TIHI [2016] NZHC 2107 [6 September 2016]
Judgment appealed from LEVI HOHEPA REUBEN V R [2017] NZCA 138 [27 April 2017]
Leave judgment - leave dismissed AKUHATUA TIHI v R [2017] NZSC 143 [21 September 2017]

 

 

Case number

SC 67/2017

Case Name

Tania Joy Lamb v The Attorney General 

Summary

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.  

Result

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 

High Court judgment LAMB v THE ATTORNEY GENERAL [2016] NZHC 849  29 April 2016
Judgment appealed from THE ATTORNEY-GENERAL v LAMB [2017] NZCA 236   7 June 2017
Leave judgment - leave dismissed TANIA JOY LAMB v THE ATTORNEY-GENERAL [2017] NZSC 128 [29 August 2017]

 

 

Case number

SC 68/2017 

Case Name

Craig Alexander Sanson and David John Bridgman v Ebert Construction Limited 

Summary

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. 

Result

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

High Court judgment SANSON AND ANOR v EBERT CONSTRUCTION LIMITED [2015] NZHC 2402  6 October 2015
Judgment appealed from EBERT CONSTRUCTION LIMITED v SANSON & ANOR [2017] NZCA 239  8 June 2017

 

 

Case number

SC 69/2017 

Case Name

Stanley Allen Gilmour v Chief Exectuive of the Department of Corrections 

Summary

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). 

Result

A The application for leave to appeal is dismissed.     

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

High Court judgment GILMOUR v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2016] NZHC 1352 [22 June 2016]
Judgment appealed from GILMOUR v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZCA 250   14 June 2017
Leave judgment - leave dismissed STANLEY ALLEN GILMOUR v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 133 [4 September 2017]
Recall judgment - recall dismissed STANLEY ALLEN GILMOUR v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZSC 147 [3 October 2017]

 

 

Case number

SC 71/2017

Case Name

W v The Queen 

Summary

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 

Result

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 

Judgment appealed from W(CA378/2016) v R [2017] NZCA 235   6 June 2017
Leave judgment - leave dismissed W (SC 71/2017) v R [2017] NZSC 154 [6 October 2017]

 

 

Case number

SC 72/2017 

Case Name

Musab Hamdi v The Queen 

Summary

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  

Result

A The application for an extension of time is granted.                                                                 

B The application for leave to appeal is dismissed.

District Court judgment (not publicly available)
Judgment appealed from HAMDI v R [2017] NZCA 242  9 June 2017
Leave judgment - leave dismissed MUSAB HAMDI v R [2017] NZSC 134 [5 September 2017]

 

 

Case number

SC 73/2017 

Case Name

Jawahar Bhaskar Musuku v Commissioner of Inland Revenue 

Summary

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. 

Result

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

Judgment appealed from NZLII : Jawahar Bhaskar Musuku [2017] NZCA 144  28 April 2017
Leave judgment - leave dismissed JAWAHAR BHASKAR MUSUKU v COMMISSIONER OF INLAND REVENUE [2017] NZSC 140 [14 September 2017]

 

 

Case number

SC 75/2017 

Case Name

C v The Queen

Summary

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. 

Result

The application for leave to appeal is dismissed. 

District Court judgment

(not publicly available)

Judgment appealed from C v R [2017] NZCA 275    29 June 2017
Leave judgment - leave dismissed C (SC 75/2017) v R [2017] NZSC 141 [19 September 2017]

 

 

Case number

SC 76/2017 

Case Name Sonsram Trustee Limited and Arjun Sami v Harrison Grierson Consultants Limited
Summary

 

Result

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

High Court judgment

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

Judgment appealed from SONSRAM TRUSTEE LIMITED V HARRISON GRIERSON CONSULTANTS LIMITED [2017] NZCA 264   26 June 2017
Leave judgment - leave dismissed SONSRAM TRUSTEE LTD v HARRISON GRIERSON CONSULTANTS LTD [2017] NZSC 138 [12 September 2017]

 

 

Case number

SC 77/2017 

Case Name Zhitong Li v The Queen
Summary

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.

Result

 

High Court judgment R v LAM & ORS [2015] NZHC 1713 [24 July 2014]
Judgment appealed from Jzitong Li [2017] NZCA 272 [28 June 2017]
Leave judgment - leave dismissed ZHITONG LI v R [2017] NZSC 148 [4 October 2017]

 

 


Case number

SC 80/2017

Case Name A v The Queen
Summary

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. 

Result

The application for leave to appeal is dismissed.                                              

6 September 2017  

District Court judgment not available publicly
Judgment appealed from A(CA90/2017) v R [2017] NZCA 278 [3 July 2017]
Leave judgment - leave dismissed A (SC 80/2017) v R [2017] NZSC 136 [6 September 2017]

 

 

Case number

SC 81/2017

Case Name Y & P New Zealand Limited v Yang Wang and Chen Zhang
Summary

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

Result

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

High Court judgment WANG & Anor v Y & P NEW ZEALAND LTD [2016] NZHC 3173 [21 December 2016]
Judgment appealed from Y&P NZ LIMITED v WANG [2017] NZCA 280 [3 July 2017]
Leave judgment - leave dismissed Y&P NZ LIMITED v YANG WANG AND CHEN ZHANG [2017] NZSC 126 [22 August 2017]

 

 

Case number

SC 82/2017

Case Name Peter Brent Home Hubbard and Harley Haynes, and Oceanic Palms Limited v Kiwirail Limited
Summary

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. 

Result

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 

High Court judgment HUBBARD AND HAYNES v KIWIRAIL LIMITED [2016] NZHC 1061 [20 May 2016]
Judgment appealed from PETER BRENT HOME HUBBARD & ORS v KIWIRAIL LIMITED [2017] NZCA 282 [4 July 2017]
Leave judgment - leave dismissed PETER BRENT HOME HUBBARD AND HARLEY HAYNES v KIWIRAIL LIMITED [2017] NZSC 153 [6 October 2017]

 

 

Case number

SC 84/2017

Case Name Joanne Mihinui,Matatahi Mihinui and Tania Mihinui v Attorney General for the Ministry of Education and Westerman Property Solutions Limited
Summary

 

Result

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

High Court judgment MELANIE HEENAN v MINISTRY OF SOCIAL DEVELOPMENT [2015] NZHC 56 [3 February 2015]
Judgment appealed from MIHINUI v ATTORNEY-GENERAL FOR THE MINISTRY OF EDUCATION [2017] NZCA 263 [26 June 2017]
Leave judgment - leave dismissed MIHINUI v ATTORNEY-GENERAL FOR THE MINISTRY OF EDUCATION [2017] NZSC 155 [10 October 2017]

 

 

Case number

SC 87/2017 

Case Name Warren Charles Te Hei v The Queen
Summary

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.   

Result

 

High Court judgment R v WARREN CHARLES RE HEI [2016] NZHC 1538 [7 July 2016]
Judgment appealed from TE HEI v R [2017] NZCA 299 [13 July 2017]
Leave judgment - leave dismissed WARREN CHARLES TE HEI v R [2017] NZSC 159 [13 October 2017]
 

 

 

Case number

SC 88/2017 

Case Name DB Breweries Limited v Chief Executive of the New Zealand Customs Service
Summary

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

Result

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

High Court judgment Chief Executive of the New Zealand Customs Service v DB Breweries Limited [2016] NZHC 2181 [15 September 2016]
Judgment appealed from CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE v DB BREWERIES LIMITED [2017] NZCA 307 [19 July 2017]
Leave judgment - leave dismissed DB BREWERIES LIMITED v CHIEF EXECUTIVE OF THE NEW ZEALAND CUSTOMS SERVICE [2017] NZSC 156 [11 October 2017]

 

 

Case number

SC 92/2017 

Case Name Malcolm Edward Rabson v Attorney-General
Summary

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.   

Result

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

High Court judgment
Judgment appealed from MALCOLM EDWARD RABSON V ATTORNEY-GENERAL [2017] NZCA 350 [16 August 2017]
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v ATTORNEY-GENERAL [2017] NZSC 149 [5 October 2017]

 


Case number

SC 93/2017 

Case Name Malcolm Edward Rabson v Justices William Young, Arnold, Glazebrook, O'Regan and Ellen France
Summary

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

Result

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

High Court judgment
Judgment appealed from RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZCA 349 [16 August 2017]
Leave judgment - leave dismissed MALCOLM EDWARD RABSON v JUSTICES WILLIAM YOUNG, ARNOLD, GLAZEBROOK, OʼREGAN AND ELLEN FRANCE [2017] NZSC 146     [28 September 2017]

 

 

Case number

SC 95/2017 

Case Name Complainant A v New Zealand Law Society and Z, A Lawyer
Summary

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.   

Result

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

High Court judgment
Judgment appealed from Complainant A v New Zealand Law Society [2017] NZCA 373   29 August 2017
Leave judgment - leave dismissed COMPLAINANT A v NEW ZEALAND LAW SOCIETY [2017] NZSC 158 [12 October 2017]