Supreme Courts roundup 29 May to 4 June 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

Kensington Developments Ltd v CIR [2015] NZSC 77 (4 June 2015). Application for leave to appeal from Court of Appeal [2015] NZCA 60 dismissed. Transfer of challenge proceedings field in Taxation Review Authority to High Court.

Guo v Minister of Immigration [2015] NZSC 76 (3 June 2015). Application for leave to appeal from Court of Appeal [2014] NZCA 513 granted. Approved ground of appeal is whether the Court of Appeal was right to decline the application of Jiaxi Guo and Jiaming Guo for leave to appeal to the High Court against the decision of the Immigration and Protection Tribunal dismissing their appeals against deportation.

Deliu v New Zealand Law Society [2015] NZSC 75 (2 June 2015). Application for leave to appeal from Court of Appeal [2015] NZCA 12 dismissed.

Rabson v Registrar of the Supreme Court and Ministry of Justice [2015] NZSC 74 (29 May 2015). Application for recall of Supreme Court judgment [2015] NZSC 58 dismissed.

Cullen v R [2015] NZSC 73 (29 May 2015). Appeal from Court of Appeal dismissed. Criminal law – Parties to offence – Receiving stolen motor vehicles – Vehicles taken to scrap yard – Defendant manager and sole director of company owning yard – Individual and company jointly charged – Attribution of receiving – Section 246 Crimes Act 1961.

High Court of Australia

No decisions released during the period.

Supreme Court of Canada

Canada (Attorney-General) v Barnaby [2015] SCC 31 (29 May 2015). Appeal from Court of Appeal for Quebec allowed and decision of Minister reinstated. Extradition – Surrender order – Judicial Review – Minister of Justice surrendering accused to US on charges of murder – Whether Minister’s decision to order surrender was reasonable – Whether extraditing accused to possibly be subjected to a fourth trial would be contrary to principles of fundamental justice.

Caplin v Canada (Minister of Justice) [2015] SCC 32 (29 May 2015). Appeal from Court of Appeal for Quebec dismissed. Extradition- Surrender order – Judicial review – Minister of Justice surrendering accused to US on charges of murder – Whether Minister’s decision to order surrender reasonable.

Kahkewistahaw First Nation v Taypotat [2015] SCC 30 (28 May 2015). Appeal from Federal Court of Appeal allowed. Constitutional Law – Charter of Rights – Right to equality – Elections – Eligibility requirements – Kahkewistahaw Election Act requires that candidates for Chief or Band Councillor have Grade 12 education – Whether education requirement violates s15(1) of Canadian Charter of Rights and Freedoms.

Judicial Committee of the Privy Council

No decisions released during the period.

Supreme Court of the United Kingdom

No decisions released during the period.

Supreme Court of the United States

Taylor v Barkes 575 US _ (2015) (14-939) (1 June 2015). Appeal from Court of Appeals for Third Circuit allowed. Detention – Supervisory liability – Suicide while in custody – Claim for failure to prevent suicide – Qualified immunity requirements.

Mellouli v Lynch 575 US _ (2015) (13-1034) (1 June 2015). Appeal from Court of Appeals for Eighth Circuit allowed (majority). Misuse of Drugs – Possession of drug paraphernalia – Sock with four unidentified orange tablets – Guilty plea to misdemeanour offence – Whether conviction triggered deportation requirement.

Bank of America NA v Calkett 575 US _ (2015) (13-1421) (1 June 2015). Appeal from Court of Appeals for Eleventh Circuit allowed. Insolvency – Mortgage lien – Debtors filing for Chapter 7 bankruptcy with house encumbered with senior mortgage lien and junior mortgage lien – Debt owed on senior mortgage lien greater than house current market value - Intent to void junior mortgage lien.

Equal Employment Opportunity Commission v Abercrombie & Fitch Stores Inc 575 US _ (2015) (14-86) (1 June 2015). Appeal from Court of Appeals for the Tenth Circuit allowed (majority). Employment – Discrimination – Refusal to hire practising Muslim whose headscarf conflicted with employee dress policy – Ingredients of disparate-treatment claim under Civil Rights Act 1964 – State of knowledge required.

Elonis v United States 575 US _ (2015) (13-983) (1 June 2015). Appeal from Court of Appeals for the Third Circuit allowed (majority). Criminal law – Transmission of communication containing threat to injure person of another – Use of social networking website to post rap lyrics with violent language and imagery concerning individuals – Disclaimers issued stating lyrics fictitious and not intended to depict real persons – Whether negligence with respect to communication of threat sufficient to support conviction under Section 875(c) USC.