Supreme Courts roundup 15 to 21 May 2015

Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows:

Supreme Court of New Zealand

Pirihira Fenwick, Kingi and Hiwinui Heke v Jillian Naera, Kereama Pene, Anaha Morehu, Warwick Morehu and Eric Hodge and Tai Eru [2015] NZSC 68 (20 May 2015, 62 pages). Appeal from Court of Appeal [2013] NZCA 353 and Māori Land Court allowed in part. Alleged conflicts of interest among land-owning trusts - Joint venture agreement - Fiduciary duties of trustees - Te Ture Whenua Māori  Act 1993.

Ngāti Wāhiao v Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue [2015] NZSC 67 (15 May 2015, 14 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 592 dismissed. 

B v R [2015] NZSC 66 (15 May 2015, 4 pages). Application for leave to appeal Court of Appeal dismissed [2014] NZCA 212. Not guilty conviction on grounds of insanity - Detained pursuant to Criminal Procedure (Mentally Impaired Persons) Act and the 2003 Mental Health (Compulsory Assessment and Treatment) Act 1992 - Applicant claims insufficient legal counsel. 

Siemer v O’Brien and Attorney-General [2015] NZSC 64 (15 May 2015, 2 pages). Application for leave to appeal from Court of Appeal dismissed. 

Siemer v O’Brien and Attorney-General [2015] NZSC 63 (15 May 2015, 2 pages). Application for leave to appeal Court of Appeal [2015] NZCA 86 dismissed. 

Siemer v Brown [2015] NZSC 62 (15 May 2015, 3 pages). Application for leave to appeal from Court of Appeal [2015] NZCA 69 dismissed. 

High Court of Australia

No decisions released during the period. 

Supreme Court of Canada

R v St-Cloud [2015] SCC 27 (15 May 2015). Appeal from the Superior Court of Quebec allowed. Criminal law - Interim release - Grounds justifying detention - Justice of peace ordering detention of accused awaiting trial on ground set out in Criminal Code, that detention "is necessary to maintain confidence in the administration of justice" - Reviewing judge ordering release of accused - Proper interpretation of section 515(1)(c) of Criminal Code.

Judicial Committee of the Privy Council

Ram v Motor and General Insurance Company Ltd [2015] UKPC 22 (18 May 2015, 10 pages). Appeal from the Court of Appeal of the Republic of Trinidad and Tobago dismissed. Insurance law - Motor vehicle accident resulting in deaths - Motor Vehicles Insurance (Third Party Risks) Act - Liability to third parties - Assessment of damages.  

Hall v Maritek Bahamas Ltd [2015] UKPC 23 (18 May 2015, 16 pages).Appeal from Court of Appeal of the Commonwealth of the Bahamas dismissed. Contract law - Sale of property - Several written and other exchanges between parties - Whether exchanges resulted in binding contract. 

Supreme Court of the United Kingdom

Rhodes v OPO [2015] UKSC 32 (20 May 2015, 38 pages). Appeal from England and Wales Court of Appeal [2014] EWCA Civ 1277 allowed. Torts - Intentionally causing physical or psychological harm - Wilkinson v Downton [1897] 2 QB 57 - People named in a to-be-published book - Ingredients of tort.

Zurich Insurance PLC UK Branch v International Energy Group Ltd [2015] UKSC 33 (20 May 2015, 96 pages). Appeal from Guernsey [2013] EWCA Civ 39 allowed in part. Torts - Negligence - Insurance coverage - Proportionate recovery - Special rules of liability and causation for claims by victims of mesothelioma (asbestos) during employment. 

Haile v London Borough of Waltham Forest [2015] UKSC 34 (20 May 2015, 35 pages). Appeal from England and Wales Court of Appeal [2014] EWCA Civ 792 allowed (majority). Local authority housing - Tenancy of bedsitting room - Whether applicant "became homeless intentionally" - Section 193 Housing Act 1996. 

Supreme Court of the United States 

Harris v Viegelahn, Chapter 13 Trustee 575 US _ (2015) (14-400) (18 May 2015). Appeal from Court of Appeals for the Fifth Circuit allowed. Bankruptcy - Discharge of financial obligations - Conversion to Chapter 7 - Former Chapter 13 trustee.

Tibble v Edison International 575 US _ (2015) (13-550) (18 May 2015). Appeal from Court of Appeal for the Ninth Circuit allowed. Trusts - Fiduciary duty - 401(k) Savings Plan - Alleged losses from breach of fiduciary duty - Time for bringing action - Whether within 6-year limit.

Coleman v Tollefson 575 US _ (2015) (13-1333) (18 May 2015). Appeal from Court of Appeals for the Sixth Circuit dismissed. Procedure - Commencement of civil action - In forma pauperis - Federal lawsuit brought by prisoner - "Three strikes" provision - Whether prior dismissal is a strike even if it is pending on appeal.

Comptroller of Treasury of Maryland v Wynne 575 US_ (2015) (13-485) (18 May 2015). Appeal from Court of Appeals of Maryland dismissed (majority). Income tax - State income tax - Dorman Commerce Clause - Whether tax unconstitutionally discriminated against interstate commerce.

City and County of San Francisco, California v Sheehan 575 US_(2015) (13-1412) (18 May 2015). Appeal from Court of Appeals for Ninth Circuit allowed in part (majority in part). Arrest - Qualified immunity - Mentally ill suspect - Forcible entry and multiple shootings.

Henderson v United States 575 US _ (2015) (13-1487) Appeal from Court of Appeals for Eleventh Circuit allowed. Criminal law - Transfer of felon's lawfully-owned firearms to third party - Whether transfer would give constructive possession.