Supreme Courts roundup 22 to 28 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
Ririnui v Landcorp Farming Ltd [2015] NZSC 72 (27 May 2015, 3 pages). Application for leave to appeal from Court of Appeal [2015] NZCA 160 granted. Approved questions are whether the Court of Appeal was correct to refuse the relief sought by the applicant based on: (a) the claimed bad faith on the part of Landcorp; (b) the acknowledged error of law by the office of Treaty Settlements in its advice to Landcorp; (c) the failure of the shareholding Ministers of Landcorp to intervene. First respondent restrained (majority decision) until further order of the Court from settling the agreement for sale and purchase of Wharere Farm, with leave reserved to the parties or to the purchaser to apply for discharge or variation of this order.
Wilson v R [2015] NZSC 71 (26 May 2015, 1 page). Application for leave to appeal from Court of Appeal granted. Approved questions are: (a) Was R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 correctly decided? And, if not (b) Does this warrant the quashing of the convictions?
Bonfert v R [2015] NZSC 69 (25 May 2015, 4 pages). Application for extension of time to file application for leave to appeal Court of Appeal [2012] NZCA 313 dismissed.
High Court of Australia
No decisions released during the period.
Supreme Court of Canada
R v Barabash [2015] SCC 29 (22 May 2015). Appeal from the Court of Appeal for Alberta allowed and new trial ordered. Criminal law - Child pornography - Defences - Private use exception - Accused charged with child pornorgraphy offences - Arguing in defence that sexual activity lawful and consensual and that recordings held for private use - Crown challenging lawfulness of sexual activity on basis of girls' exploitation - Whether private use exception requires separate and additional exploitation inquiry or whether exploitation included under lawfulness inquiry - Whether trial judge properly interpreted exception in acquitting accused.
Judicial Committee of the Privy Council
No decisions released during the period.
Supreme Court of the United Kingdom
AR v RN [2015] UKSC 35 (22 May 2015, 11 pages). Appeal from Outer House of the Court of Session [2014] CSIH 95 dismissed. Family law - Hague Convention on the Civil Aspects of International Child Abduction - Habitual residence - Importance of stability of residence compared to degree of permanence.
Supreme Court of the United States
Commil USA LLC v Cisco Systems Incorporated 575 US_(2015) (13-896) (26 May 2015, 20 pages). Appeal from United States Court of Appeals for Federal Circuit allowed (majority). Intellectual property - Patents - Infringement - Belief that patent has validity is not a defence to an induced infringement claim.
Kellogg Brown & Root Services Incorporated v United States ex rel. Carter 575 US_(2015) (12-1497) (26 May 2015, 16 pages). Appeal from United States Court of Appeals for the Fourth Circuit allowed in part and dismissed in part. False Claims Act - Wartime Suspension of Limitations Act - Civil qui tam actions to enforce False Claims Act, which prohibits making "a false or fraudulent claim for payment or approval".
Wellness International Network Limited v Sharif 575 US_(2015) (13-935) (26 May 2015, 64 pages). Appeal from United States Court of Appeals for the Seventh Circuit allowed (majority). Bankruptcy - Discharge - Stern objections - Adjudication without parties' knowledge and consent.