Supreme Courts roundup 10 to 17 July 2014

Supreme Court of New Zealand

Kohai v R [2014] NZSC 91 (16 July 2014, 1 page). Application for leave to appeal from Court of Appeal [2014] NZCA 83 granted. Approved question is whether the Court of Appeal was correct to dismiss the conviction appeal.

Rabson v Chapman [2014] NZSC 90 (14 July 2014, 2 pages). Application for review of adjournment decisions dismissed.

Forivermor Ltd v ANZ Bank New Zealand Ltd [2014] NZSC 89 (10 July 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 129 dismissed.

High Court of Australia

No decisions released during this period.

Supreme Court of Canada

Grassy Narrows First Nation v Ontario (Natural Resources) [2014] SCC 48 (11 July 2014). Appeal from Court of Appeal for Ontario dismissed. Aboriginal law – Treaty rights – Harvesting rights – Interpretation of taking-up clause – Lands subject to treaty annexed to Ontario after signature of treaty - Whether province has authority to take up tracts of that land so as to limit harvesting rights under treaty or whether federal approval required to do so – Constitution Act 1867 – Constitution Act 1982.

R v Sipos [2014] SCC 47 (10 July 2014). Appeal from Court of Appeal for Ontario dismissed. Criminal law – Appeals – Dangerous offenders – Curative powers – Fresh evidence – Trial judge declared accused to be dangerous offender without considering long-term offender designation – Whether trial judge committed error of law – Whether appellate court erred by using curative powers and upholding dangerous offender designation – Role of fresh evidence in dangerous offender designation appeals.

Supreme Court of the United Kingdom

FHR European Ventures LLP v Cedar Capital Partners LLC [2014] UKSC 45 (16 July 2014). Appeal from Court of Appeal dismissed. Agency – Secret commissions – CCP entered into Exclusive Brokerage Agreement to arrange for sale of hotel in exchange for fee – CCP subsequently acted as agent on behalf of FHR in purchase of hotel – FHR sought disgorgement of fee - Whether agent who receives secret commission holds the sum paid on constructive trust for his principal(s) giving rise to proprietary rights.

R v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014). Appeal from Court of Appeal dismissed. Administrative law - Legal assistance – Appellant convicted of drug trafficking in Indonesia and sentenced to death – Application for assistance with legal representation funding on appeals refused – Blanket policy never to provide such funding to British nationals facing criminal proceedings overseas – No exception for death penalty cases – Application for judicial review – Whether policy is lawful.

Supreme Court of the United States

No decisions released during this period.

Judicial Committee of the Privy Council

No decisions released during this period.