Supreme Courts roundup 4 to 11 December 2014
Supreme Courts roundup (5 December to 11 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
Chan Wu v Body Corporate 366611 and Theta Management Limited [2014] NZSC 178 https://www.courtsofnz.govt.nz/cases/chuan-wu-v-body-corporate-366611 (5 December 2014, 7 pages). Application for recall dismissed.
Issac John Chadderton v R [2014] NZSC 180 www.courtsofnz.govt.nz/front-page/cases/issac-john-chadderton-v-r (8 December 2014, 3 pages). Application for deferral of the operation of the disqualification order, application for leave to appeal from Court of Appeal [2014] NZCA 528. http://www.nzlii.org/nz/cases/NZCA/2014/528.html dismissed.
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice [2014] NZSC 179 http://www.courtsofnz.govt.nz/front-page/cases/vincent-ross-siemer-v-registrar-of-the-supreme-court-and-ministry-of-justice-2 (8 December 2014, 4 pages). Application for leave to appeal in Supreme Court dismissed.
Razdan Rafiq v Commissioner of New Zealand Police [2014] NZSC 181 / 2014 https://www.courtsofnz.govt.nz/cases/chuan-wu-v-body-corporate-366611 (10 December 2014, 2 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 500 http://www.nzlii.org/nz/cases/NZCA/2014/500.html dismissed.
High Court of Australia
Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development [2014] HCA 50 http://www.austlii.edu.au/au/cases/cth/HCA/2014/50.html (10 December 2014). Appeal from Supreme Court of the Australian Capital Territory allowed. Administrative law – Judicial review – Standing – Minister approved development application for commercial development – Appellants conducted businesses near site of proposed development – Appellants alleged development would adversely affect their economic interests – Whether appellants are persons aggrieved by the Minister's decision.
Commissioner of State Revenue v Lend Lease Development Pty Ltd; Commissioner of State Revenue v Lend Lease IMT 2 [HP] Pty Ltd; Commissioner of State Revenue v Lend Lease Real Estate Investments Limited [2014] HCA 51 http://www.austlii.edu.au/au/cases/cth/HCA/2014/51.html (10 December 2014). Appeals from Supreme Court of Victoria allowed. Stamp duty – Duties Act 2000 (Vic) charged duty on dutiable value of dutiable property that is subject of dutiable transaction – Section 20 provided that dutiable value was greater of "consideration ... for the dutiable transaction" and unencumbered value of dutiable property – Land transfers part of larger, single, integrated and indivisible transaction – Whether "consideration ... for the dutiable transaction" included amounts payable under larger transaction.
Supreme Court of Canada
R v Day [2014] SCC 74 http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14500/index.do(9 December 2014). Appeal from Supreme Court of Newfoundland and Labrador - Court of Appeal dismissed.
R. v. Wilcox [2014] SCC 75 http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14501/index.do (9 December 2014). Appeal from Court of Appeal of Quebec (Montréal) dismissed.
Judicial Committee of the Privy Council
No decisions released during the period.
Supreme Court of the United Kingdom
R v The Secretary of State for Justice; R v The Governor of HMP Whatton and The Secretary of State for Justice [2014] UKSC 66 https://www.supremecourt.uk/decided-cases/docs/UKSC_2014_0036_Judgment.pdf (10 December 2014, 60 pages). Appeal from Court of Appeal allowed (majority). Human Rights Law - indeterminate prison sentences - parole board - tariff periods. Appellants claimed “post-tariff” detention was unlawful because the Secretary of State had failed to provide them with a reasonable opportunity to progress their rehabilitation and release.
Supreme Court of the United States
Warger v Shauers 574 U. S. ____ (2014) http://www.supremecourt.gov/opinions/14pdf/13-517_7l48.pdf (9 December 2014, 15 pages). Appeal from Court of Appeals for the Eighth Circuit dismissed. Whether Federal Rule 606(b) precludes a party seeking a new trial from using one juror’s affidavit of what another juror said in deliberations to demonstrate the other juror’s dishonesty during voir dire.
Integrity Staffing Solutions, Inc. v Busk 574 U. S. ____ (2014) http://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdf (9 December 2014, 14 pages) Appeal from Court of Appeals for the Ninth Circuit allowed (majority). Employment law - Employer made employees undergo security screenings. Employees sought compensation for time taken for screenings under Fair Labor Standards Act of 1938 (FLSA). Whether time taken for screenings compensable.