Supreme Courts roundup 28 November to 4 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
Bethell v Bethell [2014] NZSC 177 (3 December 2014, 2 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 442 dismissed.
Morgenstern v Jeffreys [2014] NZSC 176 (2 December 2014, 4 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 449 dismissed.
Rabson v Registrar of the Supreme Court [2014] NZSC 175 (2 December 2014, 2 pages). Application for leave to appeal from High Court dismissed.
Bradbury v Commissioner of Inland Revenue [2014] NZSC 174 (2 December 2014, 8 pages). Applications for leave to appeal dismissed.
The Wanaka Gym Ltd v Queenstown Lakes District Council [2014] NZSC 172 (26 November 2014, 2 pages). Orders made by William Young J in [2014] NZSC 170 confirmed.
The Wanaka Gym Ltd v Queenstown Lakes District Council [2014] NZSC 170 (24 November 2014 – direction for publication to occur after 5pm on 1 December 2014, 3 pages). Time for filing and serving submissions in support of applications for leave to appeal extended until 5pm on 5 December 2014. Application for stay in relation to fines dismissed.
Wilson Parking New Zealand Ltd v Fanshawe [2014] NZSC 173 (1 December 2014, 4 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 407 dismissed.
High Court of Australia
Commissioner of Taxation v MBI Properties Pty Ltd [2014] HCA 49 (3 December 2014). Appeal from Federal Court of Australia allowed. Taxation – GST – Supply of a going concern – A New Tax System (Goods and Services Tax) Act 1999 – Respondent purchased premises subject to existing lease – Whether continuing observance of lessor’s obligations constituted the making of supplies through an enterprise which were neither taxable supplies nor GST-free supplies.
Cantarella Bros Pty Ltd v Modena Trading Pty Ltd [2014] HCA 48 (3 December 2014). Appeal from Federal Court of Australia allowed. Intellectual property – Trade marks – Foreign words – Registered owner of trade marks “ORO” and “CINZUE STELLE” in respect of products including coffee – Respondent sought cancellation of appellant’s trade marks – Whether trade marks inherently adapted to distinguish appellant’s goods from goods of other persons.
Supreme Court of Canada
No decisions released during the period.
Supreme Court of the United Kingdom
Loveridge v Mayor and Burgesses of the London Borough of Lambeth [2014] UKSC 65 (3 December 2014). Appeal from Court of Appeal allowed. Property law – Landlord and tenant – Secure tenant left property for lengthy visit to Ghana – Rent paid by standing order – Concern that tenant may have died in property resulted in forcible entry – Tenant’s possessions cleared out and replacement occupant found – Tenant returned from Ghana and brought proceedings for unlawful eviction – Assessment of appropriate damages – Section 28 of Housing Act 1988.
Supreme Court of the United States
No decisions released during the period.
Judicial Committee of the Privy Council
No decisions released during the period.