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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 11 November 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
Transcript

Hearing date 2 May 2019

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 8/2019

Case Name Rene Mischelle de Kwant v The Queen
Summary

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

Result The application for leave to appeal is dismissed
24 July 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 
Leave judgment / leave dismissed

 

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

Transcript

Hearing date 2 May 2019

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]

 

Case number

SC 24/2019

Case Name Blue reach Services Limited and Blue Reach Wireless Limited v Spark New Zealand Trading Limited
Summary

Civil Appeal – Whether the Court of Appeal was correct to uphold a decision of the High Court striking out the applicants’ claim on the basis it could not succeed by virtue of s 106 of the Commerce Act 1986. 

Transcript

Hearing 21 June 2019

O'Regan, Ellen France and Williams JJ

Result A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $4,500 plus usual disbursements.
28 June 2019
High Court judgment BLUE REACH SERVICES LTD v SPARK NEW ZEALAND TRADING LTD [2018] NZHC 847 [30 April 2018]
Judgment appealed from - Court of Appeal BLUE REACH SERVICES AND BLUE REACH WIRELESS LIMITED v SPARK NEW ZEALAND TRADING LIMITED [2019] NZCA 2 [12 February 2019]
Leave judgment - leave dismissed BLUE REACH SERVICES LIMITED AND BLUE REACH WIRELESS LIMITED v SPARK NEW ZEALAND
TRADING LIMITED [2019] NZSC 65 [28 June 2019]

 

Case number

SC 26/2019

Case Name D(SC 26/2018) v The Queen
Summary

Criminal Appeal – Whether the appellant’s call to a mental health line should have been admitted at trial – Whether the appellant should have been permitted to lead evidence under Evidence Act 2006, s 44(1) – Whether the Court of Appeal erred in dismissing the appeal against conviction.

Result The application for leave to appeal is dismissed.
10 July 2019
District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal D (CA54/2018) v R [2019] NZCA 1 [5 February 2019]
Leave judgment - leave dismissed D (SC 26/2019) v R [2019] NZSC 72 [10 July 2019]

 

Case number

SC 27/2019

Case Name FTG Securities Limited v Bank of New Zealand, Stephen John Tubbs, Colin Anthony Gower and Robert Bruce Walker
Summary

Civil Appeal – Whether a prohibition on assignment of a deed of priority and subordination without the consent of the other party is enforceable – Whether the Court of Appeal erred in refusing to make declarations as to the interpretation of the deed of priority and subordination. 

Result A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be shared equally between the first and third respondents unless they agree otherwise) plus usual disbursements.
26 August 2019
Transcript

Hearing date 25 July 2019

Winkelmann CJ, O'Regan and Williams JJ

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZCA 16 [20 February 2019]
Leave judgment - leave dismissed FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZSC 93 [26 August 2019]

 

Case number

SC 33/2019

Case Name Pavlos Paul Gizelis v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal was correct to dismiss the appeal against conviction and sentence for sexual violation and kidnapping – Whether the Court of Appeal should have admitted DNA evidence led at trial – Whether the Applicant was impaired by medication in his ability to make an informed decision to elect to give evidence and whether that meant he did not receive a fair trial. 

Result The application for leave to appeal is dismissed.
30 August 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available
Leave judgment - leave dismissed PAVLOS PAUL GIZELIS v R [2019] NZSC 94 [30 August 2019]

 

Case number

SC 34/2019

Case Name Commissioner of Inland Revenue v Chatfield & Co Limited and Chatfield & Co
Summary

Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in upholding the decision of the High Court that notices issued by the Commissioner requiring the respondent company to furnish certain information were unlawful.  

Result A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondents.
7 August 2019
High Court judgment CHATFIELD & CO LIMITED v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 3289 [22 December 2017]
Judgment appealed from - Court of Appeal COMMISSIONER OF INLAND REVENUE v CHATFIELD & CO LIMITED [2019] NZCA 73 [28 March 2019]
Leave judgment - leave dismissed COMMISSIONER OF INLAND REVENUE v CHATFIELD & CO LIMITED [2019] NZSC 84 [7 August 2019]

 

Case number

SC 36/2019

Case Name Michael Edwin Kooiman v F M Custodians Limited 
Summary

Civil Appeal – Whether the Court of Appeal erred in concluding that the managing director of the fund manager had authority to commence proceedings on behalf of the respondent.   

Result A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
19 July 2019
High Court judgment KOOIMAN v F M CUSTODIANS LIMITED [2018] NZHC 176 [16 February 2018]
Judgment appealed from - Court of Appeal KOOIMAN v FM CUSTODIANS LIMITED [2019] NZCA 76 [1 April 2019]
Leave judgment / leave dismised MICHAEL EDWIN KOOIMAN v F M CUSTODIANS LIMITED [2019] NZSC 77 [22 July 2019]

 

Case number

SC 37/2019

Case Name Vipassana Foundation Charitable Trust Board v Auckland Council, Raymond Myles O'Brien and Victoria Mei Sien Pichler and Auckland Shooting Club Incorporated 
Summary

Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent Council properly considered the noise effects of the proposed activity when issuing a certificate of compliance under s 139 of the Resource Management Act 1991 (even though the Court of Appeal set aside that certificate).    

Result A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondents.
12 July 2019
High Court judgment

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 1457 [28 June 2017]

Judgment appealed from - Court of Appeal

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL & ORS [2019] NZCA 100

Leave judgment - leave dismissed

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2019] NZSC 73 [12 July 2019]

 

 

Case number

SC 42/2019

Case Name Maree Howard v Accident Compensation Corporation
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision to refuse to accept an application for leave to appeal for filing. 

Result

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
24 July 2019

______________________________

The application for recall of this Court’s judgment in Howard v Accident Compensation Corporation [2019] NZSC 78 is dismissed.
26 August 2019

High Court judgment
Judgment appealed from - Court of Appeal [2019] NZCA 128_

Leave judgment / leave dismissed MAREE HOWARD v ACCIDENT COMPENSATION CORPORATION [2019] NZSC 78 [24 July 2019]
Application for recall dismissed MAREE HOWARD v ACCIDENT COMPENSATION CORPORATION [2019] NZSC 92 [26 August 2019]

 

Case number

SC 43/2019

Case Name Ridgway Empire Limited v Jill Grant
Summary

Civil Appeal – Precontractual misrepresentation – Whether a representation by a non‑expert that a building is not leaky is a representation of fact or opinion – Whether the Court of Appeal erred in dismissing the appeal.   

Result A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.
8 August 2019
High Court judgment GRANT v RIDGWAY EMPIRE LTD [2018] NZHC 2642 [11 October 2018]
Judgment appealed from - Court of Appeal RIDGWAY EMPIRE LTD v JILL GRANT [2019] NZCA 134 [2 May 2019]

Leave judgment - leave dismissed RIDGWAY EMPIRE LTD v GRANT [2019] NZSC 85 [8 August 2019]

 

Case number

SC 44/2019

Case Name Jeffrey Robert Bunting v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in holding that there was no material trial counsel error – Whether the Court of Appeal erred in holding that propensity evidence was admissible. 

Result A The application for an extension of time is granted.
B The application for leave to appeal is dismissed with leave reserved as set out in [11] below.
9 September 2019
Oral leave hearing date Thursday 29 August 2019
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal BUNTING v R [2018] NZCA 602 [20 December 2018]
Leave judgment - leave dismissed JEFFREY ROBERT BUNTING v R [2019] NZSC 95 [9 September 2019]

 

Case number

SC 45/2019

Case Name Scott v Williams
Summary

Civil Appeal – Whether there are exceptional circumstances in this case to justify an appeal from two High Court decisions under section 75 of the Senior Courts Act 2016 – Whether an extension of time to apply for leave to appeal should be granted. 

Result A The applications for extensions of time for applying for leave to appeal ([2018] NZHC 1979 and [2019] NZHC 935) are dismissed.
B Costs of $2,500 are awarded to the respondent.
25 July 2019
High Court judgment Not publicly available
Leave judgment - leave dismissed SCOTT v WILLIAMS [2019] NZSC 80 [25 July 2019]

 

Case number

SC 46/2019

Case Name Dwayne Russell Warakihi Maaka Smyth-Davoren v Bridget Sutherland
Summary

Civil Appeal – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision declining to dispense with security for costs.

Result A The application for leave to appeal is dismissed.
B No award of costs is made.
19 July 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal SMYTH-DAVOREN v SUTHERLAN [2019] NZCA 93 [5 April 2019]
Leave judgment / leave dismissed DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v BRIDGET SUTHERLAND
[2019] NZSC 76 [19 July 2019]

 

Case number

SC 47/2019

Case Name Dwayne Russell Warakihi Maaka Smyth-Davoren v David Parker, Jacinda Ardern and Andrew Little
Summary

Civil Appeal – Whether the Court of Appeal erred in refusing to grant an extension of time to file the case on appeal and apply for the allocation of a hearing date.  

Result

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

_______________________________

The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019

Judgment appealed from - Court of Appeal SMYTH-DAVOREN v DAVID PARKER [2019] NZCA 139 [6 May 2019]
Leave judgment / leave dismissed DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 66
[1 July 2019]
Recall judgment - recall dismissed DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 70
[8 July 2019]

 

Case number

SC 48/2019

Case Name Dwayne Russell Warakihi Maaka Smyth-Davoren v Elizabeth II Alexandra Mary Mountbatton (born Windsor)
Summary

Civil Appeal – Whether the Court of Appeal erred in refusing to grant the extension of time.  

Result

A The application for leave to appeal is dismissed.
B No order for costs.
1 July 2019

___________________________

The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019

Judgment appealed from - Court of Appeal
Leave judgment / leave dismissed
Recall judgment - recall dismissed

 

Case number

SC 51/2019

Case Name Lance Phillip Newing v New Zealand Police
Summary

Criminal Appeal – Driving with excess blood alcohol – Whether the District Court erred in refusing to discharge the applicant without conviction. 

Result

The application for leave to appeal is dismissed. 

22 August 2019

District Court judgment

[2018] NZDC 5927

Leave judgment - leave dismissed

LANCE PHILLIP NEWING v NEW ZEALAND POLICE [2019] NZSC 90 [22 August 2019]

 

Case number

SC 52/2019

Case Name Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Summary

Civil Appeal – Whether the Court of Appeal was correct to find Mr Hannam personally liable under s 9 of the Fair Trading Act – Whether Court of Appeal was correct to order damages of $424,371 against the applicant and Mr Hannam – Whether the Court of Appeal was correct to find that the applicant breached the agreement for sale and purchase and the Fair Trading Act 1986. 

Result A Notice of withdrawal having been filed the application for leave to appeal is deemed to be dismissed.
3 July 2019
High Court judgment

SULLIVAN v WELLSFORD PROPERTIES LTD [2017] NZHC 3047 [8 December 2017]

Judgment appealed from - Court of Appeal SULLIVAN v WELLSFORD PROPERTIES LIMITED [2019] NZCA 168 [20 May 2019]

 

Case number

SC 53/2019

Case Name Franco Belgiorno-Nettis v Auckland Unitary Plan Independent Hearings Panel and Auckland Council
Summary

Civil Appeal – Whether the Court of Appeal erred in not setting aside the recommendations of the respondents in a judicial review claim having regard to all circumstances including the gravity of the respondent’s error and prejudice to the applicant. 

Result

A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the second respondent.
10 October 2019

High Court judgment

BELGIORNO-NETTIS v AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL [2018] NZHC 459 [19 March 2018]

Judgment appealed from - Court of Appeal BELGIORNO-NETTIS v AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL [2019] NZCA 175 [22 May 2019]
Leave judgment - leave dismissed FRANCO BELGIORNO-NETTIS v AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL [2019] NZSC 112 [10 October 2019]

 

Case number

SC 55/2019

Case Name T(SC 55/2019)  v The Queen
Summary

Criminal Appeal – Criminal Procedure Act 2011 – Crimes Act 1961, s 306 – Whether the District Court erred in refusing to dismiss the charges.  

Result The application for leave to appeal is dismissed
26 July 2019
Judgment appealed from - District Court Not publicly available
Leave judgment - leave dismissed PHILIP DEAN TAUEKI v R [2019] NZSC 82 [26 July 2019]

 

Case number

SC 56/2019

Case Name Allan Jack West v Geoffrey Allan West, David John Cameron West and The Partners of Langley Twigg Law
Summary

Civil Appeal – Particular discovery – Whether the Court of Appeal erred in holding that the High Court was functus officio and could not grant particular discovery.

Result A The application for leave to appeal is dismissed.
B There is no order as to costs.
9 October 2019
High Court judgment WEST v WEST [2018] NZHC 2723 [19 October 2018]
Judgment appealed from - Court of Appeal WEST v WEST [2019] NZCA 225 [19 June 2019]
Leave judgment - leave dismissed ALLAN JACK WEST v GEOFFREY ALLAN WEST [2019] NZSC 109 [9 October 2019]

 

Case number

SC 59/2019

Case Name Lewis Eru Craig v The Queen
Summary

Criminal Appeal – Whether the interests of the victim were taken into account in sentencing (s 7(1)(c) of the Sentencing Act 2002) – Whether the defendant had a reasonable expectation he would not be imprisoned before he pleaded guilty – Whether the final sentence imposed was manifestly excessive – Whether there was a miscarriage of justice  

Result

The application for leave to appeal is dismissed.

26 September 2019

High Court judgment R v THOMPSON [2018] NZHC 2608 [5 October 2018]
Judgment appealed from - Court of Appeal TROON v R [2019] NZCA 265 [27 June 2019]
Leave judgment - leave dismissed LEWIS ERU CRAIG v R [2019] NZSC 103 [26 September 2019]

 

Case number

SC 60/2019

Case Name Marko Otis v The Queen
Summary

Criminal Appeal – Whether there are exceptional circumstances justifying a direct appeal from the High Court – Whether the High Court erred in upholding the District Court’s refusal to grant a discharge without conviction. 

Result The application for leave to appeal is dismissed.
11 October 2019
District Court judgment Not publicly available
Judgment appealed from - High Court OTIS v NEW ZEALAND POLICE [2018] NZHC 1383 [12 June 2018]
Leave judgment - leave dismissed MARKO OTIS v NEW ZEALAND POLICE [2019] NZSC 113 [11 October 2019]

 

Case number

SC 61/2019

Case Name Melanie Wichart v New Zealand Police
Summary

Criminal Appeal – Whether the Court of Appeal erred in declining leave to bring a second appeal (in relation to admissible evidence for proving a charge of driving with excess blood alcohol and in relation to the onus of proof in relation to the expiry date of a specimen kit).  

Result A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
27 September 2019
District Court judgment Not publicly available
Judgment appealed from - High Court WICHART v NEW ZEALAND POLICE [2018] NZHC 3069 [23 November 2018]
Leave judgment - leave dismissed MELANIE WICHART v NEW ZEALAND POLICE [2019] NZSC 104 [27 September 2019]

 

Case number

SC 62/2019

Case Name T (SC62/2019) v The Queen
Summary

 

Result A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
7 October 2019
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal T (CA742/2017) v R [2019] NZCA 150 [9 May 2019]
Leave judgment - leave dismissed T (SC 62/2019) v R [2019] NZSC 106 [7 October 2019]

 

Case number

SC 63/2019

Case Name Frederick Hill v Maori Trustee
Summary

Civil Appeal – Court of Appeal (Civil) Rules 2005, r 37(1) – Whether the Court of Appeal erred in striking out the applicant’s appeal for non-payment of costs.  

Result The application for leave to appeal is dismissed.
19 August 2019
Judgment appealed from - Court of Appeal [2019] NZCA 243
Leave judgment - leave dismissed FREDRICK HILL v MĀORI TRUSTEE [2019] NZSC 89 [19 August 2019]

 

Case number

SC 66/2019

Case Name Timothy John Jackson v The Queen
Summary

Criminal Appeal – Whether the applicant can bring a second appeal against conviction – Whether the absence of a trial transcript deprives the applicant of his right to appeal against conviction or made the applicant’s conviction unsafe or unsatisfactory   

Result
District Court judgment Not publicly available
Judgment appealed from - High Court JACKSON v POLICE [2018] NZHC 2297 [3 September 2018]
Leave judgment - leave dismissed TIMOTHY JOHN JACKSON v NEW ZEALAND POLICE [2019] NZSC 105 [4 October 2019]

 

Case number

SC 70/2019

Case Name K (SC 70/2019) v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in ruling evidence admissible at trial and dismissing appeal against conviction  

Result A An extension of time for leave to appeal is granted.
B The application for leave to appeal is dismissed.
26 September 2019
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal K (CA445/2018) v R [2019] NZCA 264 [27 June 2019]
Leave judgment - leave dismissed K (SC 70/2019) v R [2019] NZSC 102 [26 September 2019]

 

 

Case number

SC 71/2019

Case Name Alexander Pieter van Heeren and Worldwide Leisure Limited v Michael David Kidd, Saraceno Holding BV, Stichting Administratiekantoor Saraceno Holding and Bank of New Zealand
Summary

Civil Appeal – Whether the Court of Appeal erred allowing the respondent’s appeal

Result

A Notice of Abandonment having been filed the application for leave to appeal is deemed to be dismissed.

3 September 2019

High Court judgment [2017] NZHC 3199
Judgment appealed from - Court of Appeal KIDD v VAN HEEREN [2019] NZCA 352 [1 August 2019]

 

Case number

SC 73/2019

Case Name Iraia Aranga Ngamotu Burton v The Queen
Summary

Criminal Appeal – Whether an extension of time should be granted – Whether the Court of Appeal erred in dismissing the appeal to it against conviction and sentence – Whether the Court of Appeal erred in assessing the evidence, including propensity evidence and relevancy of evidence –Whether the applicant can produce new evidence before this Court – Whether there was a miscarriage of justice.

Result

The application for an extension of time is dismissed.

23 September 2019

District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal

BURTON v R [2018] NZCA 355 [11 October 2018]

Leave judgment - leave dismissed

IRAIA ARANGA NGAMOTU BURTON v R [2019] NZSC 101 [23 September 2019]

 

Case number

SC 74/2019

Case Name Peter James Brooks V The Queen
Summary

 

Result The application for leave to appeal is dismissed
8 October 2019
District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal PETER JAMES BROOKS v R [2019] NZCA 280 [3 July 2019]
Leave judgment - leave dismissed PETER JAMES BROOKS v R [2019] NZSC 107 [8 October 2019]

 

Case number

SC 78/2019

Case Name GP96 Limited v PVG Securites Trustee Limited  and F M Custodians Limited
Summary Civil Appeal – Whether the Court of Appeal erred in finding the appellant’s lease had been terminated – Whether the Court of Appeal erred in determining priority between provisions of the mortgage and the lease
Result A An extension of time to apply for leave to appeal is granted in respect of both applications.
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
High Court judgment GP96 LIMITED v F M CUSTODIANS LIMITED [2019] NZHC 1183 [28 May 2019]
Judgment appealed from - Court of Appeal GP96 LTD v PVG SECURITIES TRUSTEE LTD [2019] NZCA 325 [23 July 2019]
Leave judgment - leave dismissed GP96 LIMITED v PVG SECURITIES TRUSTEE LIMITED [2019] NZSC 123 [7 November 2019]

 

Case number

SC 79/2019

Case Name GP96 Limited v F M Custodians Limited
Summary Civil Appeal – Whether the Court of Appeal erred in finding the appellant’s lease had been terminated – Whether the Court of Appeal erred in determining priority between provisions of the mortgage and the lease, on standard form documents
Result A An extension of time to apply for leave to appeal is granted in respect of both applications.
B The applications for leave to appeal are dismissed.
C GP96 Ltd must pay costs of $2,500 to each of the respondents.
7 November 2019
High Court judgment GP96 LIMITED v F M CUSTODIANS LIMITED [2019] NZHC 1183 [28 May 2019]
Judgment appealed from - Court of Appeal GP96 LTD v PVG SECURITIES TRUSTEE LTD [2019] NZCA 325 [23 July 2019]
Leave judgment - leave dismissed GP96 LIMITED v PVG SECURITIES TRUSTEE LIMITED [2019] NZSC 123 [7 November 2019]

 

Case number

SC 80/2019

Case Name Peter Robert Howse v The Queen
Summary Criminal Appeal – Whether the applicant should have been convicted at trial.
Result The application for leave to appeal is dismissed.
20 September 2019
Judgment appealed from - High Court of Wellington Not publicly available
Leave judgment - leave dismissed PETER ROBERT HOWSE v R [2019] NZSC 99 [20 September 2019]

 

Case number

SC 81/2019

Case Name Robert Lee as Trustee of the Estate of JG Lee v Gergory Lee,  Gregory Lee and Jane Lois Lee as trustees of The Leeroy Family Trust
Summary Civil Appeal – Whether the Court of Appeal erred in requiring the appellant to pay security for costs under rule 5.45 of the High Court Rules 2016. 
Result A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondents.
8 November 2019
Judgment appealed from - Court of Appeal  LEE v LEE [2019] NZCA 345 [30 July 2019]
Leave judgment - leave dismissed ROBERT LEE AS TRUSTEE OF THE ESTATE OF J G LEE v GREGORY LEE [2019] NZSC 124
[8 November 2019]

 

Case number

SC 82/2019

Case Name Farisha Farina Dean v Associate Minister of Immigration
Summary Civil Appeal – Immigration Act 2009, ss 61 and 172 – Whether the Court of Appeal erred in dismissing the applicant’s appeal – Whether the Court of Appeal erred in concluding that the decision of the respondent not to cancel the applicant’s liability for deportation and grant her a visa was not unreasonable.
Result A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
4 November 2019
High Court judgment DEAN v ASSOCIATE MINISTER OF IMMIGRATION [2018] NZHC 2455 [18 September 2018]
Judgment appealed from - Court of Appeal DEAN v ASSOCIATE MINISTER OF IMMIGRATION [2019] NZCA 343 [30 July 2019] 
Leave judgment - leave dismissed

FARISHA FARINA DEAN v ASSOCIATE MINISTER OF IMMIGRATION [2019] NZSC 119

 

 

Case number

SC 86/2019

Case Name Phillip Richard Joe v The Queen
Summary Criminal Appeal – Whether the Court of Appeal made errors of fact in its sentencing decision – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.
Result

A The application for leave to appeal is dismissed.
B Leave is reserved to renew the application in the circumstances set out below at [5].

[5] The application for leave to appeal is accordingly dismissed but without prejudice to the ability to file another application for leave to appeal to this Court if the recall application is dismissed by the Court of Appeal.
4 November 2019

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal JOE v R [2019] NZCA 394 [29 August 2019]
Leave judgment - leave dismissed PHILLIP RICHARD JOE v R [2019] NZSC 120 [4 November 2019]

 

Case number

SC 87/2019

Case Name Harry Memelink and Lynx Trustees Limited as Trustees of Link Trust (No 1) and Harry Memelink v Collins and May Law
Summary Civil Appeal – Whether the Court of Appeal erred in overturning a High Court judgment that the respondent law firm was negligent in a conveying transaction.
Result A The application for an extension of time to apply for leave to appeal is dismissed.
B The first applicant must pay the respondent costs of $2,500.  Given the position at [2], we make no costs award against the second applicant.
11 October 2019
High Court judgment MEMELINK v COLLINS & MAY LAW [2016] NZHC 442 [15 March 2016]
Judgment appealed from - Court of Appeal COLLINS & MAY LAW v MEMELINK & PATRICK JOHN RENSHAW AS TRUSTEES OF THE LINK
TRUST (NO. 1) & ANOR [2017] NZCA 541 [23 November 2017]
Leave judgment - leave dismissed HARRY MEMELINK AND LYNX TRUSTEES LIMITED AS TRUSTEES OF LINK TRUST (NO 1) v
COLLINS & MAY LAW [2019] NZSC 114 [11 October 2019]

 

Case number

SC 89/2019

Case Name Barry Ross Laurence Castleton-Reid v Ross Ronayne Reid
Summary Civil Appeal – Whether the Court of Appeal erred in finding that the respondent did not intend to make a gift to the applicant – Whether the Court of Appeal erred in finding that the money transferred to the applicant was held on resulting trust for the respondent.
Result A Notice of Abandonment having been filed the application for leave to appeal is deemed to be dismissed.
17 October 2019
High Court judgment REID v CASTLETON-REID [2018] NZHC 782 [24 April 2018]
Judgment appealed from - Court of Appeal Reid v Castleton Reid [2019] NZCA 372