Supreme Courts roundup 12 to 18 December 2014
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows:
Supreme Court of New Zealand
Tower Insurance Limited v Skyward Aviation 2008 Limited [2014] NZSC 185 http://www.nzlii.org/nz/cases/NZSC/2014/185.html (15 December 2014). Case concerns insurance issues following the Christchurch earthquakes. Appeal dismissed.
West City Construction Limited v Henry Levin and David Vance as liquidators of St George Developments Limited (in liquidation) [2014] NZSC 183 https://www.courtsofnz.govt.nz/front-page/cases/west-city-construction-limited-v-henry-levin-and-david-vance-as-liquidators (15 December 2014, 21 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 98 http://www.nzlii.org/nz/cases/NZCA/2014/98.html as to whether an agreement to assign the bond was not entered into in November 2005. Appeal allowed.
Certain Underwriters at Lloyds of London v Crystal Imports Limited [2014] NZSC 186 https://www.courtsofnz.govt.nz/front-page/cases/certain-underwriters-at-lloyds-of-london-v-crystal-imports-limited (16 December 2014, 4 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 447 http://www.nzlii.org/nz/cases/NZCA/2014/447.html dismissed.
Jacobus van der Lubbe v R [2014] NZSC 187 https://www.courtsofnz.govt.nz/front-page/cases/jacobus-van-der-lubbe-v-the-queen (17 December 2014, 2 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 495 dismissed.
High Court of Australia
Henderson v Queensland [2014] HCA 52 http://www.austlii.edu.au/au/cases/cth/HCA/2014/52.html (16 December 2014). Appeal from the Supreme Court of Queensland dismissed (majority). Criminal law – Confiscation of property – Exclusion order – Where State sought forfeiture of proceeds of sale of jewellery given to appellant by deceased father.
Supreme Court of Canada
R v MacLeod [2014] SCC 76 http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14503/index.do (12 December 2014). Appeal from the judgment of the Nova Scotia Court of Appeal dismissed.
Judicial Committee of the Privy Council
No decisions released during the period.
Supreme Court of the United Kingdom
Greater Glasgow Health Board v Doogan [2014] UKSC 68 https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0124_Judgment.pdf (17 December 2014, 18 pages). Appeal unanimously allowed by way of one substantive judgement. Roman Catholic midwives who exercised conscientious objection to taking part in terminating pregnancies - abortion law.
Moohan v The Lord Advocate [2014] UKSC 67 https://www.supremecourt.uk/decided-cases/docs/UKSC_2014_0183_Judgment.pdf (17 December 2014, 41 pages). Appeal dismissed by a majority of five to two, holding that statutory disenfranchisement of convicted prisoners from voting in the Scottish referendum was lawful.
Supreme Court of the United States
United States of America v State of California No. 5 Orig. http://www.supremecourt.gov/opinions/14pdf/no5orig_d18e.pdf (15 December 2014, 112 pages). Joint motion for entry of a supplemental decree granted. Concerns Federal-State boundary lines - US entitlement of lands, minerals and other natural resources underlying the Pacific Ocean.
Dart Cherokee Basin Operating Co. v Owens 574 U. S. ____ (2014) http://www.supremecourt.gov/opinions/14pdf/13-719_8mjp.pdf (145 December 2014, 27 pages). Certiorari to the United States Court of Appeals for the Tenth Circuit vacated and remanded for further proceedings consistent with opinion. To remove a case from a state court to a federal court, a defendant must file in the federal forum a notice of removal “containing a short and plain statement of the grounds for removal.” Diversity of citizenship dissenting judgment.
Heien v. North Carolina 574 U. S. ____ (2014) http://www.supremecourt.gov/opinions/14pdf/13-604_ec8f.pdf (15 December 2014, 29 pages). On writ of certiorari to the Supreme Court of North Carolina affirmed with dissenting judgment. Whether an officer had reasonable suspicion to justify a stop, search and seizure under the Fourth Amendment - mistake of fact or mistake of law.