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Leave to appeal dismissed 2019

2019 | 2018 | 2017  | 2016  | 2015 | 2014

2019 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 26 June 2019     

Case number

SC 2/2019

Case Name Michael Main v New Zealand Police
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against the decision of the Deputy Registrar to refuse the application for leave to appeal. 

Result

The application for leave to appeal is dismissed.

18 February 2019

High Court judgment MAIN v POLICE [2018] NZHC 1828 [15 October 2018]
Judgment appealed from - Court of Appeal [2018] NZCA 527 [26 November 2018]_
Leave judgment - leave dismissed MAIN v NEW ZEALAND POLICE [2019] NZSC 2 [18 February 2019]

 

Case number

SC 3/2019

Case Name Robert Noe and Atrap Incorporated v Ratzapper Australasia Limited
Summary

Civil Appeal – Arbitration Act 1996, sch 1, art 36 – Whether the applicant was “otherwise unable to present” his case – Whether the Court of Appeal erred in dismissing the appeal against enforcement of the arbitral award.

Result A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
27 March 2019
High Court judgment RATZAPPER AUSTRALASIA LTD v NOE [2017] NZHC 2931 [28 November 2017]
Judgment appealed from - Court of Appeal Noe v Ratzapper Australasia Ltd [2018] NZCA 597 [18 December 2018]
Leave judgment - leave dismissed ROBERT NOE v RATZAPPER AUSTRALASIA LIMITED [2019] NZSC 33 [27 March 2019]

  

Case number

SC 4/2019

Case Name Muhammad Shamsud-Dean SAHU KHAN v Mohammed SHARIFF
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an appeal against the decision of the High Court finding that the tort of deceit had not been established on the evidence.  

Result

A The application for leave to appeal is dismissed.
B No order as to costs.
14 May 2019

High Court judgment Sahu Khan v Shariff [2017] NZHC 294 [28 February 2017]
Judgment appealed from - Court of Appeal

 

Leave judgment - leave dismissed

 

Case number

SC 5/2019

Case Name Caleb Afamasaga v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in analysing the prejudicial effect of text messages produced at trial – Whether that error was a miscarriage of justice   

Result

The application for an extension of time to make an application for leave to appeal is dismissed.
27 February 2019

High Court judgment not publicly available
Judgment appealed from - Court of Appeal AFAMASAGA V R, MAKALIMA V R AND BANABA V R [2015] NZCA 615 [18 December 2015]
Leave judgment - leave dismissed CALEB AFAMASAGA v R [2019] NZSC 16 [27 February 2019]

 

Case number

SC 6/2019

Case Name Richard Lyall Genge v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining the application to withdraw the notice of abandonment and bring an appeal out of time.

Result The application for leave to appeal is dismissed.
3 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

Case number

SC 7/2019

Case Name Brook Valley Community Group Incorporated v Brook Waimarama Sanctuary Trust, Minister for the Environment and Nelson City Council
Summary

Civil Appeal – Resource Management Act 1991, ss 13, 15 and 360(1)(h) – Whether the discharge of brodifacoum was unlawful – Whether the exempting regulations made under s 360(1)(h) of the Resource Management Act were unlawful – Whether the reduction in the costs award in the High Court was sufficient to reflect the public interest in the case – Whether the Court of Appeal erred in dismissing the appeal 

Result A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019
Date of Hearing

2 May 2019

Winkelmann CJ, Glazebrook and O'Regan JJ

High Court judgment BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2017] NZHC 2665 [31 October 2017]
Judgment appealed from - Court of Appeal BROOK VALLEY COMMUNITY GROUP INC v THE BROOK WAIMARAMA SANCTUARY TRUST [2018] NZCA 573 [11 December 2018] 
Leave Judgment - leave dismissed 

BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2019] NZSC 51 [21 May 2019]

 

Case number

SC 9/2019

Case Name Jenny Lyn Walker v Nelson District Court and Nelson City Council
Summary

Civil Appeal – Whether a Court of Appeal Judge erred in declining to review a Deputy Register’s security for costs decision.   

Result

A The applications for a stay and for leave to appeal are dismissed.
B The applicant must pay the second respondent costs of $2,500.
11 March 2019

High Court judgment
Judgment appealed from - Court of Appeal
[2018] NZCA 550 
Leave judgment - leave dismissed

  

Case number

SC 11/2019

Case Name Talley's Group Limited v Worksafe New Zealand
Summary

Criminal Appeal – Criminal Procedure Act 2011, s 379 – Use of prosecution summary of facts – Whether the Court of Appeal erred in not dismissing the defective charging documents – Whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process. 

Result The application for leave to appeal is dismissed.
5 April 2019
High Court judgment WORKSAFE NEW ZEALAND v TALLEYʼS GROUP LIMITED [2017] NZHC 1103 [25 May 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 12/2019

Case Name James Hardie Industries Plc, James Hardie NZ Holdings & RCI Holdings Pty LImited v Karen Louise White, Waitakere Group Limited, Metlifecare Pinseong Limited, Forest Lake Gardens Limited, Vision (Dannemora) LImited (Name changed to Metlifecare Dannemora Gardens Limited) & Metlifecare Coast Villas Limited
Summary

Civil Appeal – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant owed a duty of care to those affected by the actions or omissions of its subsidiaries – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant breached the Fair Trading Act 1986 – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant was a “manufacturer” of goods in breach of the Consumer Guarantees Act 1993 – Whether the Court of Appeal erred in dismissing the applicants’ appeal against a decision of the High Court not to grant summary judgment – (cross-appeal) Whether the Court of Appeal was correct to set aside a decision of the High Court partially upholding a protest to jurisdiction. 

Result A The application for leave to appeal is dismissed.
B The applicants are to pay to the respondents costs of $2,500.
16 April 2019
High Court judgment WHITE v JAMES HARDIE NEW ZEALAND [2017] NZHC 2105 [31 August 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 13/2019

Case Name ANZ Bank New Zealand Limited v Financial Markets Authority
Summary

Civil Appeal – Whether the Court of Appeal erred in holding that the Financial Market Authority’s disclosure of confidential documents obtained from ANZ to third parties was for a permitted purpose under s 59(3) under the Financial Markets Authority Act 2011.

Result A The applications for leave to appeal in SC 13/2019 and SC  21/2019 are dismissed.  
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available
Leave judgment - leave dismissed

  

Case number

SC 15/2019

Case Name Eight Mile Style, LLC & Martin Affiliated, LLC v New Zealand National Party and Greg Hamilton
Summary

Civil Appeal – Copyright Act 1994, s 121– User principle – Whether the Court of Appeal erred in its application of damages principles.      

Result

A The application for leave to appeal is dismissed.
B The applicants must pay costs of $4,500 plus usual disbursements to the respondents collectively.
14 May 2019

Date of Hearing

2 May 2019

Glazebrook, William Young and O'Regan JJ

High Court judgment EIGHT MILE STYLE v NEW ZEALAND NATIONAL PARTY [2017] NZHC 2603 [25 October 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 19/2019

Case Name Robert John Solomon Grace v The Queen
Summary

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

Result A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
12 June 2019   
High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 20/2019

Case Name Paora Tahau v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the conviction verdict of the jury was not unreasonable nor inconsistent with its acquittal verdicts. 

Result

A An extension of time to appeal is granted.
B The application for leave to appeal is dismissed.
3 May 2019

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 21/2019

Case Name ANZ Bank New Zealand Limited v Financial Markets Authority
Summary

Civil Appeal – Whether the Court of Appeal erred in its redactions of two published judgments pending determination of the Applicant’s substantive appeal to the Supreme Court.  

Result A The applications for leave to appeal in SC 13/2019 and SC  21/2019 are dismissed.  
B Costs of $3,500 are awarded to the respondent.
12 April 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available
Leave judgment - leave dismissed ANZ BANK NEW ZEALAND LIMITED v FINANCIAL MARKETS AUTHORITY [2019] NZSC 40
[12 April 2019]

 

Case number

SC 22/2019

Case Name AN(SC 22/2019) v Prime Minister
Summary

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

Result

The application for an extension of time to file an application fort leave to appeal is dismissed.
11 March 2019

High Court judgment
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

AN (SC 22/2019) v PRIME MINISTER [2019] NZSC 25 [11 March 2019]