Leave to appeal dismissed

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 28 November 2025

2014

Case name
Peter Charles York and Alpine Glacier Motel Limited v Westland District Council
Case number
SC 37/2014
Summary
Civil Appeal – Limitation Act 1950 – The Court of Appeal erred in concluding that the action was time-barred under the Limitation Act.[2014] NZCA 59   CA 774/2013
Result
A  The application for leave to appeal is dismissed.
B   The applicants are jointly and severally liable to pay costs of $2,500 to the respondent.
16 June 2014
Leave judgment - leave dismissed
PETER CHARLES YORK v WESTLAND DISTRICT COUNCIL [2014] NZSC 71   16 June 2014 (PDF, 55 KB)
Judgment appealed from

WESTLAND DISTRICT COUNCIL v YORK & ANOR CA774/2013 [2014] NZCA 59
Case name
Bruce Franklin Charnley v The Queen
Case number
SC 38/2014
Result
Application for leave to appeal dismissed.
20 June 2014
Leave judgment - leave dismissed
BRUCE FRANKLIN CHARNLEY v R [2014] NZSC 77    20 June 2014 (PDF, 49 KB)
Judgment appealed from

CHARNLEY V R CA426/2012 [2013] NZCA 226  12 June 2013
Summary  

Criminal Appeal – Crimes Act 1961, s 131B(1) – Whether or not the conviction for sexual grooming was consistent with the reality of the situation – Whether or not the conviction for sexual grooming was consistent with the purpose of the offence – Whether or not a sentence of preventative detention should have been imposed. 

[2013] NZCA 226  CA 426/2012
Case name
B v Waitemata District Health Board
Case number
SC 39/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to waive the requirement to pay security for costs.[2014] NZCA 65   CA 524/2013
Result
Notice of abandonment of appeal having been lodged, the application for leave to appeal is deemed to be dismissed.
7 November 2014
Case Number

SC  39/2014
Judgment appealed from

B V WAITEMATA DISTRICT HEALTH BOARD CA524/2013 [2014] NZCA 65  12 March 2014
Case name
Razdan Rafiq v The Privacy Commissioner
Case number
SC 40/2014
Summary
Civil Appeal – Security for costs – Whether the Court of Appeal erred in upholding the Registrar’s decision not to dispense with security for costs.[2014] NZCA 137   CA 116/2014
Result
Application for leave to appeal dismissed.
16 June 2014
____________________________________________
Application for recall dismissed.
10 October 2014
Leave judgment - leave dismissed
RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 72    16 June 2014 (PDF, 55 KB)
Recall judgment
RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 145   10 October 2014 (PDF, 45 KB)
Judgment appealed from

RAFIQ v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT CA116/2013 [2014] NZCA 137   10 April 2014
Case Number

SC  40/2014
Case name
Pravin Fia Havi Prasad Kumar v The Queen
Case number
SC 44/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction for wilfully attempting to pervert the course of justice through his contact with a rape complainant.   [2014] NZCA 116   CA 575/2012
Result
Application for leave to appeal dismissed.
12 August 2014
Leave judgment - leave dismissed
PRAVIN FIA HAVI PRASAD KUMAR v R [2014] NZSC 109     12 August 2014 (PDF, 54 KB)
Case Number

SC  44/2014
Judgment appealed from

KUMAR V R CA575/2012 [2014] NZCA 116 2 April 2014
Case name
Bruce James King v ASB Bank Limited
Case number
SC 45/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35(6) - Whether the Court of Appeal erred in upholding the Registrar’ s decision not to dispense with security for costs.[2014] NZCA 102   CA   810/2013
Result
A The application for a stay of the determination of the application for leave to appeal is dismissed.
B The application for leave to appeal is dismissed.
C The applicant must pay costs of $2,500 to the respondent.
28 July 2014
Leave judgment - leave dismissed
BRUCE JAMES KING v ASB BANK LIMITED [2014] NZSC 97     28 July 2014 (PDF, 49 KB)
Case Number

SC  45/2014
Judgment appealed from

KING V ASB BANK LIMITED CA810/2013 [2014] NZCA 102  27 March 2014
Case name
John David Wright v The Queen
Case number
SC 46/2014
Summary
Criminal Appeal – Sentencing Act 2002 – Whether the Court of Appeal was wrong in principle – Whether the Court of Appeal wrongly categorised the offending as within band three of Nuku v R [2012] NZCA 584, [2013] 2 NZLR 39 – Whether the Court of Appeal paid insufficient regard to the sentencing hierarchy, the principles of sentence indication and other matters.[2014] NZCA 119   CA  831/2013
Result
Application for leave to appeal dismissed.
7 July 2014
Leave judgment - leave dismissed
JOHN DAVID WRIGHT v R [2014] NZSC 87   7 July 2014 (PDF, 50 KB)
Judgment appealed from

R V WRIGHT CA831/2013 [2014] NZCA 119    3 April 2014
Case Number

SC  46/2014
Case name
Rajendra Prasad v Indiana Publications Limited
Case number
SC 47/2014
Summary
Civil Appeal – Whether the High Court erred in striking out the claim for judicial review – Whether the Court of Appeal Judge erred in directing the Registrar not to accept the documents for filing – Whether or not the District Court judge erred in dismissing the claim for breach of copyright – Whether the orders for costs that resulted in bankruptcy were properly made – Whether or not the principles of res judicata are applicable
Result
Application for leave to appeal dismissed.
20 June 2014
________________________________
Application for recall of judgment dismissed.
25 June 2014
_____________________________________
Further application for recall dismissed.
14 July 2014
Leave judgment - leave dismissed
RAJENDRA PRASAD v INDIANA PUBLICATIONS (NZ) LIMITED [2014] NZSC 78  20 June 2014 (PDF, 40 KB)
Recall judgment
PRASAD v INDIANA PUBLICATIONS (NZ) LIMITED [2014] NZSC 81  25 June 2014 (PDF, 46 KB)
Case Number

SC  47/2014
Case name
Rajendra Prasad v Indiana Publications Limited
Case number
SC 48/2014
Summary
Civil Appeal – Whether the High Court erred in striking out the claim for judicial review – Whether the Court of Appeal Judge erred in directing the Registrar not to accept the documents for filing – Whether or not the District Court judge erred in dismissing the claim for breach of copyright – Whether the orders for costs that resulted in bankruptcy were properly made – Whether or not the principles of res judicata are applicable.
Result
Application for leave to appeal dismissed.
20 June 2014
_____________________________________
Application for recall of judgment dismissed.
25 June 2014
___________________________
Further application for recall dismissed.
14 July 2014
Leave judgment - leave dismissed
RAJENDRA PRASAD v INDIANA PUBLICATIONS (NZ) LIMITED [2014] NZSC 78 [20 June 2014] (PDF, 40 KB)
Recall judgment
PRASAD v INDIANA PUBLICATIONS (NZ) LIMITED [2014] NZSC 81 [25 June 2014] (PDF, 46 KB)
Case name
Alan Canavan v Damien Grant and Stevcen Khov as liquidators of Quantum Grow Limited in liquidation.
Case number
SC 49/2014
Summary
[2014] NZCA 127   CA 399/2013
Result
The applications for leave to appeal are dismissed.
The applicant is to pay the respondents costs of $2,500 and reasonable disbursements as fixed by the Registrar.
4 July 2014
Leave judgment - leave dismissed
ALAN CANAVAN v DAMIEN GRANT AND STEVEN KHOV AS LIQUIDATORS OF QUANTUM GROW LIMITED (IN LIQUIDATION) [2014] NZSC 82   4 July 2014 (PDF, 52 KB)
Judgment appealed from

GRANT & ANOR v LOTUS GARDENS LTD CA399/2013 [2014] NZCA 127  4 April 2014
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