Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows:Supreme Court of New ZealandEricson v Chief Executive of the Department of Corrections [2015] NZSC 95 (29 June 2015). Application for leave to appeal from Court of Appeal [2015] NZCA 199 dismissed.Dallas ... More about Supreme Courts roundup 26 June to 2 July 2015.
Decisions, proceedings and news from the highest courts in several common law jurisdictions in the last week are as follows: Supreme Court of New Zealand SK v The Immigration and Protection Tribunal [2015] NZSC 91 (24 June 2015). Application for leave to appeal from Immigration and Protection Tribunal [2014] NZIPT ... More about Supreme Courts roundup, 19 to 25 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 Clayton v Clayton [2015] NZSC 84 (18 June 2015). Applications for leave to appeal from Court of Appeal [2015] NZCA 30 granted in respect of identified ... More about Supreme Courts roundup, 12 to 18 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 Suisse International Ltd v Monk [2015] NZSC 81 (10 June 2015). Application for leave to appeal from Court of Appeal [2015] NZCSA 46 dismissed. Bradbury v ... More about Supreme Courts roundup 5 to 11 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 ... More about 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 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. ... More about 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 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 ... More about 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 New Zealand Fire Service Commission v Insurance Brokers Association of New Zealand Incorporated & Vero New Zealand Ltd [2015] NZSC 59 (13 May 2015, 54 pages). ... More about Supreme Courts roundup 8 to 14 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 Siemer v Registrar of the Supreme Court [2015] NZSC 50 (5 May 2015, 3 pages). Application to recall judgment of the Supreme Court [2015] NZSC 41 ... More about Supreme Courts roundup 1 to 7 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 Howard v Accident Compensation Corporation [2015] NZSC 48 (28 April 2015, 2 pages). Application for recall of Supreme Court decision [2015] NZSC 25 dismissed. Ngatai-Check v ... More about Supreme Courts roundup 24 to 30 April 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 Siemer v Registrar of the Supreme Court [2015] NZSC 39 (17 April 2015, 3 pages). Application for leave to appeal from Court of Appeal CA318/2014 dismissed. ... More about Supreme Courts roundup 17 to 23 April 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 Milner v R [2015] NZSC 38 (16 April 2015, 7 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 366 declined. Kohai v ... More about Supreme Courts roundup 10 to 16 April 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 No decisions released during the period. High Court of Australia Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail ... More about Supreme Courts roundup, 3 to 9 April 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 Whitehead v R [2015] NZSC 29 (30 March 2015, 4 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 573 dismissed. LFDB v ... More about Supreme Courts roundup 27 March to 2 April 2015.
Sentence Roper v R – [2015] NZCA 89 – French, Asher and Williams JJ – 24 March 2015 Murder – appeal against conviction and sentence – life imprisonment with minimum period of 14.5 years – admissibility of confession to prison officers – aggravating factors – whether non parole period within ... More about Roper v R.
Criminal law – sentence Stepanicic v R – [2015] NZCA 35 – Wild, MacKenzie and Lang JJ – 2 March 2015 Causing grievous bodily harm with intent to avoid arrest or facilitate flight in commission of crime – self defence – directions on question trail and “excessive force” – whether ... More about Stepanicic v R .
Contract – restitution – limitation of actions Suisse International Limited v Monk – [2015] NZCA 46 – Randerson, Winkelmann and Venning JJ – 6 March 2015 Claim for money had and received – pattern of advances and repayments transferred between companies in same group – payment authorised by sole director ... More about Suisse International Limited v Monk.
Damages – sale of land Dempsey v Howe – [2015] NZCA 9 – Ellen France P, Harrison and Wild JJ – 5 March 2015 Calculation of damages – failure to settle property purchase on due date – agreement on foot while steps taken to resell – purported cancellation under vendor ... More about Dempsey v Howe.
Contract – mining & energy Todd Pohokura Limited v Shell Exploration NZ Limited – [2015] NZCA 71 – Stevens, Wild and Cooper JJ – 20 March 2015 Joint venture for oil exploration and production – offset rules governing rate of production adopted by majority of participating interests – whether rules ... More about Todd Pohokura Limited v Shell Exploration NZ Limited.
Immigration & refugee law Helu v Immigration and Protection Tribunal – [2015] NZSC 28 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 26 March 2015 Deportation – young Tongan man came to NZ with family at age of 6 – residency granted aged 12 – aggravated robbery ... More about Helu v Immigration and Protection Tribunal.
Judicial review – interim injunction Kennedy v Boyle – [2015] NZHC 536 – Dunningham J – 23 March 2015 St Bede’s College students suspended from rowing team for prank at Auckland airport – alleged flaws in decision making process - whether exclusion disproportionate to misbehaviour – whether serious question to ... More about Kennedy v Boyle.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Helu v Immigration and Protection Tribunal [2015] NZSC 28 (26 March 2015, 74 pages). Appeal from Court of Appeal allowed (majority). Immigration - Deportation - Period ... More about Supreme Courts roundup 20 to 26 March 2015.
Criminal procedure - sentence Keane v R – [2015] NZCA 31 – Wild, MacKenzie and Lang JJ – 27 February 2015 Permitting premises to be used for the purpose of manufacturing methamphetamine – insufficient evidence that manufacture completed by other party – jury unable to reach verdict on attempted manufacture ... More about Keane v R.
Public works – valuation law Auckland Council v Green & McCahill Holdings Limited – [2015] NZCA 20 – Ellen France P, Harrison and Wild JJ – 11 March 2015 Compulsory acquisition of non marketable land – likely increase in value of remaining land on completion of road access (Penlink Road) ... More about Auckland Council v Green & McCahill Holdings Limited.
Relationship property Thompson v Thompson – [2015] NZSC 26 – Elias CJ, William Young, Glazebrook, Arnold and O’Regan JJ – 13 March 2015 Payment for restraint of trade on sale of business post separation – purpose of restraint to protect business goodwill – whether payment relationship property – whether agreement ... More about Thompson v Thompson.
Natural disasters – human rights Quake Outcasts v The Minister for Canterbury Earthquake Recovery – [2015] NZSC 27 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 13 March 2015 Offers to purchase uninsured residential properties and uninsurable bare land in Christchurch red zone – differing treatment between ... More about Quake Outcasts v The Minister for Canterbury Earthquake Recovery.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Thompson v Thompson [2015] NZSC 26(13 March 2015, 34 pages). Appeal from Court of Appeal [2014] NZCA 117 allowed. Relationship Property - Classification - Property (Relationships) ... More about Supreme Courts roundup 13 to 19 March 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 Margot Crequer v Chief Executive of the Ministry of Social Development [2015] NZSC 18 (6 March 2015). Application to recall judgment of the Supreme Court [2014] ... More about Supreme Courts roundup (6 March to 12 March).
Bankruptcy & insolvency Bryers v Official Assignee – [2015] NZHC 384 – J P Doogue AJ – 6 March 2015 Discharge from bankruptcy – creator of Blue Chip investor scheme now living in Australia – business activities in Australia – whether prohibition on entering business applied extraterritorially – whether B ... More about Bryers v Official Assignee.
Trusts & trustees – fisheries Solomon-Rehe v Hokotehi Moriori Trust – [2015] NZHC 46 – Brown J – 6 March 2015 Charitable trust established to manage taonga of the Moriori people – trustee dysfunction following purported cancellation of election – removal and appointment of trustees – whether 2010 Trust Deed ... More about Solomon-Rehe v Hokotehi Moriori Trust.
Unit titles – discovery Manchester Securities Limited v Body Corporate 172108 – [2015] NZCA 29 – Randerson, Winkelmann and Venning JJ – 26 February 2015 HC proceeding to vary building repair scheme by removal of cap on contribution – limited discovery by consent – application for further disclosure of settlement ... More about Manchester Securities Limited v Body Corporate 172108.
Sentence – law practitioners Hamilton v R – [2015] NZCA 28 – Wild, Miller and MacKenzie J – 26 February 2015 Theft by person in special relationship – solicitor – elaborate legal structure facilitated fraudulent related party loans from Belgrave Finance – loan documents in breach of debenture trust deed ... More about Hamilton v R.
Judicial review – historic places Waikanae Christian Holiday Camp Incorporated v New Zealand Historic Places Trust Maori Heritage Council – [2015] NZCA 23 – Randerson, White and Cooper JJ – 24 February 2015 Decision of New Zealand Historic Places Trust Maori Heritage Council to extend area of land registered as ... More about Waikanae Christian Holiday Camp Incorporated v New Zealand Historic Places Trust Maori Heritage Council .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand N v M [2015] NZSC 15 (27 February 2015, 8 pages). Application for leave to appeal in the Supreme Court 77/2014, SC 120/2014, SC 125/2014 and ... More about Supreme Courts roundup (27 February to 5 March).
Sentence R v Potter – [2015] NZCA 25 – Wild, MacKenzie and Lang JJ – 25 February 2015 Crown appeal against sentence of 10 months home detention – attempting to pervert course of justice – pressure on young relative to withdraw allegations of sexual abuse against P’s partner – whether ... More about R v Potter.
Criminal procedure – bill of rights Attorney-General v Van Essen – [2015] NZCA 22 – Ellen France P, Stevens and French JJ – 24 February 2015 Public law damages – unlawful police searches on behalf of ACC involving contract investigators – declaration of breach of s21 NZBORA – remedial action ... More about Attorney-General v Van Essen.
Specific performance – mental capacity Blackwell v Chick – [2015] NZCA 34 – Ellen France P, Randerson and Harrison JJ – 27 February 2015 Specific performance of option to purchase farm – agreed option price half market value at time option exercised – parties relationship one of trust and friendship ... More about Blackwell v Chick.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Geary v Accident Compensation Corporation [2015] NZSC 12 (23 February 2015, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 534 dismissed. ... More about Supreme Courts roundup (20 February to 26 February).
Sentence R v Turner – [2015] NZHC 189 – Woolford J – 17 February 2015 Murder – “second strike” offence – prolonged beating of homeless man – T aged 29, also homeless with history of severe alcohol abuse and mental illness – whether manifestly unjust to impose life imprisonment without ... More about R v Turner.
Maritime and shipping law – international law Teddy v New Zealand Police – [2015] NZSC 6 – McGrath, Glazebrook and O’Regan JJ – 17 February 2015 Protest activity outside NZ territorial waters – T convicted of operating ship in manner causing unnecessary risk to oil exploration vessel and resisting arrest ... More about Teddy v New Zealand Police .
Company insolvency Allied Concrete Limited v Meltzer – [2015] NZSC 7 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 18 February 2015 Voidable transactions – payments within 2 year period on account of goods or services previously supplied – defence in s296(3) Companies Act – meaning of ... More about Allied Concrete Limited v Meltzer.
Law practitioners – negligence Tauranga Law v Appleton – [2015] NZSC 3 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 19 February 2015 Claim for loss of deposit on purchase of Blue Chip apartment – breach of duty of care in advice given – causation – whether ... More about Tauranga Law v Appleton.
Supreme Court of New Zealand Tauranga Law v Appleton [2015] NZSC 3 (19 February 2015, 22 pages). Appeal from Court of Appeal [2013] NZCA 420, [3013] 3 NZLR 777 allowed. Negligence – Duty of care – Legal advice – Losses by family trust in property transaction – Whether transaction would ... More about Supreme Courts roundup 12 to 19 February 2015.
Criminal procedure – name suppression Robertson v New Zealand Police – [2015] NZCA 7 – Wild, White and French JJ – 5 February 2015 Leave to appeal – refusal of name suppression – theft by accountant from community organisations and mother – media standing – whether publication likely to endanger ... More about Robertson v New Zealand Police .
Sentence R v Bitossi – [2015] NZHC 77 – Simon France J – 5 February 2015 Arson – B set fire to storage unit in block of 224 personal storage units – extensive damage and loss including to over 300 private victims – culpability – minimum period of imprisonment. This ... More about R v Bitossi .
Criminal procedure Ropiha v R – [2014] NZCA 633 – French, Asher and Clifford JJ – 19 December 2014 Appeal against conviction – R charged with assault with intent to injure – trial Judge direction that alternative charge of common assault available – whether Judge erred in making direction on ... More about Ropiha v R.
Law practitioners – judicial review Deliu v The New Zealand Law Society – [2015] NZCA 12 – Wild, White and Miller JJ – 13 February 2015 Civil procedure Judicial review of Standards Committee decisions to lay disciplinary charges with NZLCDT – challenge to adjournment of proceeding pending outcome of charges ... More about Deliu v The New Zealand Law Society.
Natural Disasters – insurance law Kraal v Earthquake Commission – [2015] NZCA 13 – Wild, Simon France and Asher JJ – 13 February 2015 Earthquake Commission – scope of statutory cover – entry to house prohibited due to ongoing risk of rock fall – whether deprivation of use and occupation ... More about Kraal v Earthquake Commission.
Copyright – damages Jeanswest Corporation (New Zealand) Limited v G-Star RAW C.V – [2015] NZCA 14 – Ellen France P, Randerson and Wild JJ – 17 February 2015 Alleged copying of iconic “Elwood” Biker jean – “Dean” Biker jeans designed and manufactured by Jeanswest Australia and imported and sold by ... More about Jeanswest Corporation (New Zealand) Limited v G-Star RAW C.V.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Siemer v Registrar of the Supreme Court [2015] NZSC 1 (10 February 2015, 2 pages). Application for review of the Deputy Registrar's refusal to allow filing ... More about Supreme Courts roundup (6 February to 12 February).
Intellectual property – trade marks Virbac SA v Merial – [2014] NZCA 619 – Wild, Miller and MacKenzie JJ – 17 December 2014 Registration of trade mark "FIPROLINE" for flea treatment products – M sold flea treatment product with active ingredient fipronil under mark "FRONTLINE" – whether V's use of ... More about Virbac SA v Merial.
Specific performance – sale of land Coughlan v Cox – [2014] NZCA 617 – Miller, Heath and Dobson JJ – 16 December 2014 Agreement for exchange of properties – written agreements deficient in recording terms – most deficiencies addressed informally – appellants later refused to settle – whether binding contracts ... More about Coughlan v Cox.
Weathertight homes – fair trading Wellington City Council v Dallas – [2014] NZCA 631 – French, Winklemann and Asher JJ – 19 December 2014 Claim by Council for contribution under s9 Fair Trading Act – Council negligent by failing to check specific item of remedial work – contribution sought from ... More about Wellington City Council v Dallas.
Vendor & purchaser – valuation law Western Park Village Limited v Baho – [2014] NZCA 630 – Randerson, White and Courtney JJ – 19 December 2014 Sale of unit – failure to disclose rockfall onto neighbouring property – letter notified litigation if negotiations unsuccessful – whether breach of vendor warranty ... More about Western Park Village Limited v Baho.
Supreme Courts roundup (30 January to 5 February) Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand No decisions released during the period. High Court of Australia Cassegrain v Gerard Cassegrain & Co [2015] HCA ... More about Supreme Courts roundup (30 January to 5 February).
Leases – contract – agency Pascoe Properties Limited v Attorney-General – [2014] NZCA 616 – French, Courtney and Asher JJ – 16 December 2014 Renewal of lease – premises leased by Ministry of Economic Development – whether negotiating authority had ostensible authority to bind Ministry – whether concluded contract formed ... More about Pascoe Properties Limited v Attorney-General.
Trusts & trustees Waho v Olsen-Ratana – [2014] NZCA 612 – Ellen France P, Harrison and French JJ – 15 December 2014 Refusal of interim relief – removal of trustee for bringing trust into disrepute by unilaterally reporting allegations of financial impropriety and blackmail to Crown Ministers – extent of ... More about Waho v Olsen-Ratana.
Civil procedure – employment law Terranova Homes and Care Limited v Service and Foodworkers Union Nga Ringa Tota Incorporated – [2014] NZSC 196 – McGrath, William Young and Glazebrook JJ – 22 December 2014 Leave to appeal – rates of pay for rest home caregivers under Equal Pay Act – ... More about Terranova Homes and Care Limited v Service and Foodworkers Union Nga Ringa Tota Incorporated.
Natural disasters – building law University of Canterbury v The Insurance Council of New Zealand Inc – [2014] NZSC 193 – McGrath, Glazebrook, Arnold, O’Regan and Blanchard JJ – 22 December 2014 Strengthening of “earthquake-prone” buildings – Building Act definition based on capacity to withstand “moderate earthquake” linked to 33% ... More about University of Canterbury v The Insurance Council of New Zealand Inc .
Trusts & trustees – estoppel Hansard v Hansard – [2014] NZCA 562 – Randerson, Winkelmann and Lang JJ – 22 December 2014 Liability of estranged wife for debts assumed by family trust – inter trust arrangements restructured by husband and his father – transfer of assets and indebtedness recorded in ... More about Hansard v Hansard.
Proceeds of crime – relationship property Hayward v Commissioner of Police – [2014] NZCA 625 – Randerson, White and Courtney JJ – 18 December 2014 Relief against forfeiture under Criminal Proceeds (Recovery) Act – wife unaware of husband’s criminal activity – extent of wife’s share of untainted equity in family ... More about Hayward v Commissioner of Police.
Māori land – fiduciary duty Proprietors of Wakatu v Attorney-General – [2014] NZCA 628 – Ellen France, Harrison and French JJ – 19 December 2014 Claim against Crown for breach of trust and fiduciary duty relating to land known as “Nelson Tenths” in upper South Island – Crown grants made ... More about Proprietors of Wakatu v Attorney-General .
Extradition – criminal procedure Dotcom v Her Majesty’s Attorney-General – [2014] NZSC 199 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 23 December 2014 Validity of search warrants – extradition – deficiencies in form of warrants – whether warrants substantively defective so as to be general warrants ... More about Dotcom v Her Majesty’s Attorney-General.
Arbitration – civil procedure Zurich Australian Insurance Limited T/A Zurich New Zealand v Cognition Education Limited – [2014] NZSC 188 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 19 December 2014 Stay of proceeding to allow claim to be determined by arbitration – meaning of “dispute” in ... More about Zurich Australian Insurance Limited T/A Zurich New Zealand v Cognition Education Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Tower Insurance Limited v Skyward Aviation 2008 Limited [2014] NZSC 185 http://www.nzlii.org/nz/cases/NZSC/2014/185.html (15 December 2014). Case concerns insurance issues following the Christchurch earthquakes. Appeal dismissed. West ... More about Supreme Courts roundup 12 to 18 December 2014.
Civil procedure – relationship property Heazlewood v Joie de Vivre Canterbury Limited – [2014] NZCA 550 – Miller, Heath and Dobson JJ – 17 November 2014 Stay of execution on lapse of caveat – interest under s42 Property (Relationships) Act – complex trust and company structure used for property development ... More about Heazlewood v Joie de Vivre Canterbury Limited.
Social security The Chief Executive of the Ministry of Social Development v Greenfield – [2014] NZCA 611 – Wild, White and French JJ – 12 December 2014 Entitlement to national superannuation – New Zealand missionary living in Singapore – meaning of “ordinarily resident in New Zealand” – whether necessary to ... More about The Chief Executive of the Ministry of Social Development v Greenfield.
Resource management – windfarms Palmerston North City Council v New Zealand Windfarms Limited – [2014] NZCA 601 – Randerson, Harrison and Wild JJ – 9 December 2014 Resource consent – general condition to operate windfarm in accordance with information in consent application – errors in predicted noise levels at turbine ... More about Palmerston North City Council v New Zealand Windfarms Limited.
Insurance law Tower Insurance Limited v Skyward Aviation 2008 Limited – [2014] NZSC 185 – McGrath, William Young, Glazebrook, Arnold and O’Regan JJ Claim for house damage in Christchurch red zone – replacement value – measure of recovery where insurer to pay cost of buying another house – whether requirement ... More about Tower Insurance Limited v Skyward Aviation 2008 Limited.
Company insolvency – equitable assignment West City Construction Limited v Levin – [2014] NZSC 183 – McGrath, William Young, Glazebrook, Arnold and Blanchard JJ – 15 December 2014 Voidable preference – assignment of construction bond held by council – additional work completed on basis of payment out of bond moneys ... More about West City Construction Limited v Levin.
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, ... More about Supreme Courts roundup 4 to 11 December 2014.
Criminal law - sentence New Zealand Police v Paki – [2014] NZHC 3112 – Woolford J – 5 December 2014 Discharge without conviction – burglary and drink driving - Crown appeal – co-offenders discharged without conviction on dishonesty offending - extensive restorative mana tangata programme – impact of conviction on ... More about New Zealand Police v Paki.
Sentence Wilson v R – [2014] NZCA 584 – Miller, Lang and Clifford JJ – 1 December 2014 Drug offending - sentence of 2.5 years imprisonment – positive changes in personal circumstances since sentence imposed – whether one of rare cases where developments such that Court justified in reducing sentence ... More about Wilson v R.
Company insolvency – voidable preference Reynolds as Liquidator of James Developments Limited (In Liquidation) v James – [2014] NZCA 578 – Miller, Heath and Dobson JJ – 28 November 2014 Appeal against decision declining order for payment of voidable preference – claimed offset in respect of payments of post liquidation ... More about Reynolds as Liquidator of James Developments Limited (In Liquidation) v James .
Civil procedure – trusts & trustees Cowan v Martin – [2014] NZCA 593 – French, Winkelmann and Asher JJ – 4 December 2014 Claim under contract for sale of property transferred to family trust on settlement - plaintiffs appointed by deed as trustees after proceeding issued – whether prior oral ... More about Cowan v Martin.
Bankruptcy & insolvency – mortgages Robertson v ASB Bank Limited – [2014] NZCA 597 – Miller, Heath and Dobson JJ - 5 December 2014 Application to set aside bankruptcy notices – judgment entered for shortfall on sale of property by mortgagee – cross claim for breach of duty to obtain ... More about Robertson v ASB Bank Limited.
Costs – employment law Powell v Hally Labels Limited – [2014] NZCA 572 – Miller, Heath and Dobson JJ – 27 November 2014 HC claim by former employer for alleged retention and use of confidential information – parallel proceedings in EC - election to discontinue HC claim following search and ... More about Powell v Hally Labels Limited .
Proceeds of crime The Commissioner of Police v Jeffries – [2014] NZCA 566 – French, Winkelmann and Asher JJ – 27 November 2014 Assets forfeiture order – methamphetamine offending – order sought in respect of funds in bank account, vehicles and cash seized during police search of property – whether ... More about The Commissioner of Police v Jeffries.
Insurance law – civil procedure Bridgecorp Limited (In Receivership and In Liquidation) v Certain Lloyds Underwriters Under Policy No B0701LS05809 – [2014] NZCA 571 – Harrison, French and Goddard JJ – 27 November 2014 Claim by Bridgecorp receivers against broker which arranged insurance against losses on realisation of securities – ... More about Bridgecorp Limited (In Receivership and In Liquidation) v Certain Lloyds Underwriters Under Policy No B0701LS05809.
Criminal law – elections Banks v R – [2014] NZCA 575 – Ellen France P, Wild and Miller JJ – 28 November 2014 Appeal against conviction – knowingly transmitting false return of electoral expenses – new evidence undermined key Crown evidence of discussion relied on to show guilty knowledge – ... More about Banks v R.
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 ... More about Supreme Courts roundup 28 November to 4 December 2014.
Land law – caveat Paul v Paul – [2014] NZCA 549 – Miller, Heath and Dobson JJ – 17 November 2014 Alleged oral agreement for sale and purchase with partial performance – application to sustain caveat dismissed on basis of evidence that arrangement was option to purchase on mothers death ... More about Paul v Paul.
Judicial review – administrative law Jackson v Te Rangi – [2014] NZHC 2918 – Duffy J – 21 November 2014 Appointment of mataawaka Māori representatives to statutory board assisting Auckland Council – whether selection process complied with statutory requirements – whether failure to take into account views of mataawaka (Auckland ... More about Jackson v Te Rangi.
Professional negligence – joint tortfeasors Macalister Mazengarb v Annan Law – [2014] NZCA 554 – French, Venning and Dobson JJ – 17 November 2014 Apportionment of liability between two firms of solicitors who successively advised purchasers of Blue Chip apartment – initial advice raised concerns about risk but not prospect ... More about Macalister Mazengarb v Annan Law.
Costs – resource management Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited – [2014] NZSC 167 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 19 November 2014 Awards of costs in SC – appeals by public interest litigants – issues of significant public ... More about Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Wong v R [2014] NZSC 171 (25 November 2014, 3 pages). Application for recall of Supreme Court judgments and leave to bring further appeal dismissed. High ... More about Supreme Courts roundup 21 to 27 November 2014.
Civil procedure – accident compensation Hawke v Accident Compensation Corporation – [2014] NZCA 552 – Wild, White and Cooper JJ – 14 November 2014 Application for intervener status by disability support group – appeal on question of law relating to late lodgement of claim – whether issues of general or ... More about Hawke v Accident Compensation Corporation.
Land law – costs Goodwin v Rocket Surgery Limited – [2014] NZCA 540 – French, Venning and Dobson JJ – 10 November 2014 Appeal against dismissal of application to sustain caveat and order for vacant possession – informal arrangement to assist parents-in-law in financial difficulties – purchase of property at ... More about Goodwin v Rocket Surgery Limited.
Company insolvency – construction contracts SOL Trustees Limited v Giles Civil Limited – [2014] NZCA 539 – French, Venning and Dobson JJ – 10 November 2014 Application to set aside statutory demands – certified progress payments under construction contract – counterclaim for project cost overruns – whether debts due and ... More about SOL Trustees Limited v Giles Civil Limited .
Parole Harriman v Attorney-General – [2014] NZCA 544 – O’Regan P, Lang and Clifford JJ – 12 November 2014 Judicial review – whether parole hearing miscarried due to inaccurate or incomplete information – whether failure properly to determine application for unattended hearing - lawfulness of Parole Board policy relating to ... More about Harriman v Attorney-General.
Banking & finance – guarantees & indemnities Gardiner v Westpac New Zealand Limited – [2014] NZCA 537 – Miller, Lang and Clifford JJ – 7 November 2014 Loans to purchase property and refinance existing borrowings – liability of parents under guarantees – undue influence – whether bank placed on inquiry ... More about Gardiner v Westpac New Zealand Limited .
Employment law – redundancy Grace Team Accounting Limited v Brake – [2014] NZCA 541 – O’Regan P, Wild and White JJ – 11 November 2014 Senior accountant dismissed 6 months after engagement – errors in financial calculations in redundancy process – test for justification for dismissal – whether s103A Employment ... More about Grace Team Accounting Limited v Brake.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Hakaoro v R [2014] NZSC 169 (20 November 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 310 dismissed. LFDB v ... More about Supreme Courts roundup, 13 to 20 November 2014 .
Civil procedure Danone Asia Pacific Holdings Pte Limited v Fonterra Co-operative Group Limited – [2014] NZCA 536 – White, French and Cooper JJ – 7 November 2014 Appeal against temporary stay – claim relating to manufacture and supply of allegedly defective milk product – arbitration in Singapore under supply agreement ... More about Danone Asia Pacific Holdings Pte Limited v Fonterra Co-operative Group Limited .
Māori land The Te Aute Board v Hauraki – [2014] NZCA 532 – Ellen France, Randerson and Harrison JJ – 4 November 2014 Variation of trust orders by Māori Appellate Court to bring forward distribution date and redistribute entitlements of income and capital beneficiaries – MLC granted conditional variation order ... More about The Te Aute Board v Hauraki .
Civil procedure – misfeasance in public office Currie v Clayton – [2014] NZCA 511 – Randerson, Wild and White JJ – 5 November 2014 Strike out – failure by Crown prosecutor to disclose witness sentencing indication said to operate as inducement to give evidence – claim for misfeasance in public ... More about Currie v Clayton.
Company insolvency – income tax Jennings Roadfreight Limited (In Liquidation) v Commissioner of Inland Revenue – [2014] NZSC 160 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 7 November 2014 Status of PAYE deductions held in company bank account on liquidation – whether credit balance held in ... More about Jennings Roadfreight Limited (In Liquidation) v Commissioner of Inland Revenue.
Employment law – restitution LSG Sky Chefs New Zealand Limited v Pacific Flight Catering Limited – [2014] NZSC 158 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 5 November 2014 Successful tender for supply of airline meals – transfer of employees with accrued holiday and other entitlements ... More about LSG Sky Chefs New Zealand Limited v Pacific Flight Catering Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Hamilton v Murrell [2014] NZSC 162 (12 November 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 377 dismissed. Reekie v ... More about Supreme Courts roundup 7 to 13 November 2014.
Breath alcohol – criminal procedure Chadderton v R – [2014] NZCA 528 – White, French and Miller JJ – 31 October 2014 Driving with excess breath alcohol – C lawfully detained after failing breath screening test – whether delays in journey to policing centre breached rights under s22 NZBORA – ... More about Chadderton v R.
Employment law Terranova Homes & Care Limited v Service and Food Workers Union Nga Ringa Tota Incorporated – [2014] NZCA 516 – O’Regan P, Stevens and French JJ – 28 October 2014 Rest home caregivers – equal pay for work exclusively or predominantly performed by women – criteria for assessing ... More about Terranova Homes & Care Limited v Service and Food Workers Union Nga Ringa Tota Incorporated.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand LSG Sky Chefs New Zealand Ltd v Pacific Flight Catering Ltd [2014] NZSC 158 (5 November 2014, 11 pages). Appeal from Court of Appeal [2013] NZCA ... More about Supreme Courts roundup 31 October to 6 November 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 Hotchin v NZ Guardian Trust [2014] NZSC 156 (30 October 2014, 1 page). Application to appeal from Court of Appeal [2014] NZCA 400 granted. Approved question ... More about Supreme Courts roundup 23 to 30 October 2014.
Employment law Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc – [2014] NZCA 516 – O’Regan P, Stevens & French JJ – 28 October 2014 Appeal on question of law from Employment Court – equal pay – rest home caregivers – claim that ... More about Terranova Homes & Care Ltd v Service and Food Workers Union Nga Ringa Tota Inc.
Immigration & refugee law Guo v Minister of Immigration – [2014] NZCA 513 – O’Regan P, Ellen France & Miller JJ – 24 October 2014 Application for leave to appeal to HC against Immigration and Protection Tribunal decision – Tribunal dismissed appeals of applicants against deportation – 1st applicant served ... More about Guo v Minister of Immigration.
Civil procedure Dotcom v Twentieth Century Fox Film Corporation – [2014] NZCA 509 – Harrison, Wild & French JJ – 20 October 2014 Appeal from HC judgment – whether HC had jurisdiction to make ancillary order where no extant application for freezing order (R32.3 High Court Rules) – whether HC ... More about Dotcom v Twentieth Century Fox Film Corporation.
Arbitration Todd Petroleum Mining Co Ltd v Shell (Petroleum Mining) Co Ltd – [2014] NZCA 507 – Stevens, Wild & Cooper JJ – 17 October 2014 Appeal on question of law – joint venture relationship between parties involving the Kapuni oil and gas field in Taranaki – dispute over delivery ... More about Todd Petroleum Mining Co Ltd v Shell (Petroleum Mining) Co Ltd.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Dixon v R [2014] NZSC 151 (23 October 2014, 2 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 329 granted. Approved question ... More about Supreme Courts roundup 16 to 23 October 2014.
Criminal law R v Sullivan – [2014] NZHC 2500 and [2014] NZHC 2501 – Heath J – 14 October 2014 Verdict and reasons – false statement by promoter – false statement as promoter – theft by a person in a special relationship – obtaining by deception – false accounting – ... More about R v Sullivan.
Judicial review Dotcom v United States of America – [2014] NZHC 2550 – Simon France J – 17 October 2014 Extradition – discovery orders – procedural unfairness – air of reality test – effect of Dotcom v United States of America [2014] NZSC 24 concluding an extradition court did not ... More about Dotcom v United States of America.
Insurance – natural disaster Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand – [2014] NZSC 147 – Elias CJ, McGrath, William Young, Glazebrook & Arnold JJ – 15 October 2014 Apartments damaged in Christchurch earthquake (Feb 2011) – contract of insurance provided cover on a ... More about Firm PI 1 Ltd v Zurich Australian Insurance Ltd t/a Zurich New Zealand .
Sale of land - contract Kumar v Station Properties Ltd (in liq, in rec) – [2014] NZSC 146 – Elias CJ, McGrath, William Young, Glazebrook & Arnold JJ – 15 October 2014 Apartment development in Queenstown – agreements for sale and purchase – “underwrite purchasers” – repudiation of contract – ... More about Kumar v Station Properties Ltd (in liq, in rec) .
Criminal procedure – evidence Stevens v R – [2014] NZCA 494 – Ellen France P, Asher & Clifford JJ – 8 October 2014 Appeal against conviction and sentence – sexual violation by unlawful sexual connection (male complainant aged between 13 and 25 years) – admission of counter-intuitive evidence from clinical ... More about Stevens v R.
Unit titles – trespass – nuisance Wu v Body Corporate 366611 – [2014] NZSC 137 – Elias CJ, McGrath, William Young, Glazebrook & Tipping JJ – 9 October 2014 Respondents required owners such as appellant to sign the building Security and Access Protocol (the Protocol) and pay a security deposit ... More about Wu v Body Corporate 366611.
Public health – judicial review New Health New Zealand Inc v Attorney-General – [2014] NZHC 2487 – Collins J – 9 October 2014 Application for declarations that Hydrofluorosilicic Acid (HFA) and Sodium Silico Fluoride (SSF) were medicines under the Medicines Act 1981 (the Act) – HFA and SSF used to ... More about New Health New Zealand Inc v Attorney-General .
Criminal procedure Watchorn v R – [2014] NZCA 493 – O’Regan P, Simon France & Mallon JJ – 7 October 2014 Appeal against conviction – accessing a computer system and thereby dishonestly and without claim of right obtaining property – s249(1) Crimes Act 1961 – data obtained from a computer ... More about Watchorn v R.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Firm PI 1 Ltd v Zurich Australian Insurance [2014] NZSC 147 (15 October 2014, 39 pages). Appeal from Court of Appeal [2013] NZCA 560 dismissed (majority). ... More about Supreme Courts roundup 9 to 16 October 2014.
Jurisdiction – High Court – Application to strike lawyer’s name off roll New Zealand Law Society v Deliu [2014] NZHC 2467 – 8 October 2014 – Asher J Application by NZLS to strike off or suspend lawyer – Jurisdiction of High Court to hear application – Whether jurisdiction should be ... More about New Zealand Law Society v Deliu.
Insurance – natural disasters Avonside Holdings Ltd v Southern Response Earthquake Services Ltd – [2014] NZCA 483 – Stevens, Lang and Clifford JJ – 1 October 2014 Christchurch earthquakes – insurance policy provided insurer would pay cost of buying another house, including necessary legal and associated fees, so long as ... More about Avonside Holdings Ltd v Southern Response Earthquake Services Ltd.
Constitutional law – environmental law Greenpeace of New Zealand Incorporated v Electoral Commission – [2014] NZHC 2135 – Mander J – 8 September 2014 Application for declarations – website and Facebook pages promoted “Climate Voter” campaign – mock website for Minister for Energy and Resources opposed deep sea oil drilling ... More about Greenpeace of New Zealand Incorporated v Electoral Commission.
Criminal procedure McLachlan v R – [2014] NZCA 462 – Ellen France P, Asher and Clifford JJ – 19 September 2014 Appeal against conviction – theft of funds from former wife’s bank account – trial issue whether M or new partner responsible for transfers – central defence challenge to credibility ... More about McLachlan v R.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Jet Trustees Ltd v Dunphy [2014] NZSC 140 (9 October 2014, 4 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 266 dismissed. ... More about Supreme courts roundup 2 to 9 October 2014.
Contract – construction law Quay Park Arena Management Limited v Great Lakes Reinsurance (UK) PLC – [2014] NZHC 2204 – Associate Judge JP Doogue – 11 September 2014 Summary judgment – payment of performance bond under design and construction contract for Vector Arena – engineers certificate – variations to contract ... More about Quay Park Arena Management Limited v Great Lakes Reinsurance.
Professional disciplinary proceedings Harding v Institution of Professional Engineers New Zealand Incorporated – [2014] NZHC 2251 – Mander J – 17 September 2014 Judicial review – disciplinary complaints relating to 1986 design of CTV Building in Christchurch – resignation from IPENZ after complaints referred to disciplinary committee – full range ... More about Harding v Institution of Professional Engineers New Zealand Incorporated.
Sentence Rana v R – [2014] NZCA 468 – Harrison, Goddard and Venning JJ – 25 September 2014 Appeal against sentence of 9 years imprisonment – rape of 13 year old girl – discount for previous good character – lack of previous convictions treated as absence of aggravating factor – ... More about Rana v R.
Criminal law – sentence Aleki v R – [2014] NZCA 473 – Ellen France P, Asher and Clifford JJ – 26 September 2014 Sexual offending against niece – further evidence consisting of Facebook postings and letter of recantation discovered after trial – whether evidence fresh, cogent and showed verdicts unsafe ... More about Aleki v R .
Weathertight homes – civil procedure Osborne v Auckland Council – [2014] NZSC 134 – Elias CJ, McGrath, William Young, Glazebrook and Tipping JJ – 29 September 2014 Application for further relief – substantive decision concerned eligibility to bring leaky home claims under Weathertight Homes Resolution Services Act – whether relief ... More about Osborne v Auckland Council.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Radhi v New Zealand Police [2014] NZSC 135 (29 September 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 327 declined. ... More about Supreme Courts roundup 26 September to 2 October 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 LFDB v SM [2014] NZSC 131 (25 September 2014, 2 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 326 granted. Approved ground ... More about Supreme Courts roundup 18 to 25 September 2014.
Sentence O’Connor v R – [2014] NZCA 328 – Stevens, Simon France and Mallon JJ – 12 September 2014 Joint retributory attack for stealing methamphetamine including home invasions, kidnapping, moving victim to other locations and continuing assaults for prolonged period – challenge to starting points, uplifts and imposition of MPI ... More about O’Connor v R.
Civil procedure Daimler AG v Sany Group Limited – [2014] NZCA 421 – O’Regan P, Randerson and Harrison JJ – 28 August 2014 Appeal against decision of HC on appeal from Commissioner of Trade Marks – whether appeal properly brought under s66 Judicature Act or leave required under s67 – ... More about Daimler AG v Sany Group Limited.
Insurance law QBE Insurance (International) Limited v Wild South Holdings Limited – [2014] NZCA 447 – Wild, French and Miller JJ – 10 September 2014 Material damage insurance – replacement indemnity cover subject to sum insured – annual aggregate with automatic reinstatement of cover on “loss” – series of events ... More about QBE Insurance (International) Limited v Wild South Holdings Limited .
Company law Morgenstern v Jeffreys – [2014] NZCA 449 – O’Regan P, Harrison and White JJ – 11 September 2014 Claim by liquidators for breach of duty as director and reckless trading – shares sold to related company to repay overdrawn current account at time both companies in difficulty – ... More about Morgenstern v Jeffreys.
Defamation Murray v Wishart – [2014] NZCA 461 – O’Regan P, Ellen France and French JJ – 19 September 2014 Claim by author of book “Breaking Silence” in respect of statements on Twitter, dedicated Facebook page and during radio interviews – whether statements capable of bearing pleaded defamatory meanings – ... More about Murray v Wishart.
Tort – privacy law Slater v APN New Zealand Limited – [2014] NZHC 2157 – Fogarty J – 8 September 2014 Interim decision restraining release of further information – computer hacking – nature of relevant cause of action and tort – whether circumstances justified interim orders – reasons. ... More about Slater v APN New Zealand Limited.
Trusts & trustees Hansard v Hansard – [2014] NZCA 433 – Randerson, Winkelmann and Lang JJ – 4 September 2014 Dispute between family trusts concerning intertrust indebtedness – restructuring largely implemented by single co-trustee of each trust – wife co-trustee disputed indebtedness on basis trustees failed to act unanimously – ... More about Hansard v Hansard.
Contract – wills Bethell v Bethell – [2014] NZCA 442 – Randerson, Wild and White JJ – 5 September 2014 Claim to land under deed of family arrangement – dispute concerning land area and rights and obligations under deed – interpretation – whether area sufficiently defined to be enforceable – ... More about Bethell v Bethell .
Intellectual property – trade marks Sexwax Incorporated v Zoggs International Limited – [2014] NZCA 311 – O’Regan P, Stevens and Miller JJ – 9 September 2014 Proposed registration of trade mark “ZOGGS” for swimwear and goggles – application opposed by SWI, manufacturer of surfboard wax under name “MR ZOGS SEX ... More about Sexwax Incorporated v Zoggs International Limited.
Tort – limitation of actions J v J – [2014] NZCA 445 – Randerson, Stevens and White JJ – 9 September 2014 Historic sexual abuse – civil claim for assault and battery/breach of fiduciary duty – mental health issues affecting bringing of claim – reasonable discoverability and victim recognition of ... More about J v J .
Administrative law – Membership of incorporated society – Standing Harding v Institute of Professional Engineers New Zealand Inc [2014] NZHC 2251 – 17 September 2014 Application for injunction to prevent release of disciplinary decision – Applicant resigned from IPENZ – Jurisdiction of IPENZ to hear complaint and make decision on ... More about Harding v Institute of Professional Engineers New Zealand Inc.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Stevenson v Chief Executive of the Department of Corrections [2014] NZSC 128 (18 September 2014, 2 pages). Application for recall of Supreme Court decision [2014] NZSC ... More about Supreme Courts roundup 11 to 18 September 2014.
Civil procedure – conflict of laws – constructive trusts Schumacher v Summergrove Estates Limited – [2014] NZCA 412 – Ellen France, Wild and Miller JJ – 21 August 2014 Claim for institutional constructive trust in relation to residential property in Northern Ireland - forum conveniens – former wife and controlling ... More about Schumacher v Summergrove Estates Limited.
Securities – trusts & trustees Cox v Green Gecko Limited – [2014] NZCA 404 – Miller, Ronald Young and Cooper JJ –19 August 2014 Claim under s37(6) Securities Act against independent solicitor trustee in relation to sale of shares without prospectus – whether C was “offeror” and “issuer” of shares ... More about Cox v Green Gecko Limited .
Commerce Commission Chorus Limited v Commerce Commission – [2014] NZCA 440 – Ellen France, Stevens and White JJ – 8 September 2014 Appeal relating to determination of component price for unbundled bitstream access provided by Chorus – magnitude of price reduction – whether reliable inferences drawn from overseas benchmarks about ... More about Chorus Limited v Commerce Commission.
Criminal law – evidence Taiatini v R – [2014] NZSC 122 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 5 September 2014 Appeal against conviction – sexual offending – reasonable belief in consent – evidence by complainant’s mother of undiagnosed Aspergers syndrome – non expert opinions as ... More about Taiatini v R.
Contract Savvy Vineyards 3552 Limited v Kakara Estate Limited – [2014] NZSC 121 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 5 September 2014 Agreements for vineyard management and supply of grapes – related parties substituted under deeds of assignment – consent to assignment not required – ... More about Savvy Vineyards 3552 Limited v Kakara Estate Limited.
Insurance law Ridgecrest NZ Limited v IAG New Zealand Limited – [2014] NZSC 117 – McGrath, William Young, Glazebrook, Blanchard and Tipping JJ – 27 August 2014 Christchurch building suffered damage in successive earthquakes and was irreparable after final earthquake – policy cover for “any one happening” with cap on ... More about Ridgecrest NZ Limited v IAG New Zealand Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Taiatini v R [2014] NZSC 122 (5 September 2014, 26 pages). Appeal from Court of Appeal [2013] NZCA 593 dismissed (majority). Criminal law – Evidence – ... More about Supreme Courts roundup 4 to 11 September 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 Stevenson v Chief Executive of the Department of Corrections [2014] NZSC 120 (4 September 2014, 3 pages). Application for leave to appeal from Court of Appeal ... More about Supreme Courts roundup 4 September 2014.
Law practitioners – disciplinary proceedings Orlov v The New Zealand Lawyers and Conveyancers Disciplinary Tribunal – [2014] NZHC 1987 – Ronald Young and Simon France JJ – 21 August 2014 Professional misconduct – false statements about judicial officer in complaints and court applications without sufficient foundation – whether conduct “unconnected ... More about Orlov v The New Zealand Lawyers and Conveyancers Disciplinary Tribunal.
Fair trading Godfrey Hirst NZ Limited v Cavalier Bremworth Limited – [2014] NZCA 418 – Stevens, Wild and Miller JJ – 27 August 2014 “Headline” representations on website promoting new range of carpet – hyperlink to qualifying information – whether misleading and deceptive conduct – tests for identifying relevant consumer ... More about Godfrey Hirst NZ Limited v Cavalier Bremworth Limited.
Law practitioners – costs Practitioner Y v Foulkes – [2014] NZCA 396 – Ellen France, Randerson and Harrison JJ –15 August 2014 Award of indemnity costs against counsel – challenge to decision to fund Maori tribal authority in negotiations with Crown – mandate and representation – whether breach of natural ... More about Practitioner Y v Foulkes.
Maori land – customary law – constructive trust Paki v Attorney-General of New Zealand for and on behalf of the Crown – [2014] NZSC 118 – Elias CJ, McGrath, William Young, Chambers and Glazebrook JJ – 29 August 2014 Claim relating to riverbed of Waikato River – adjoining land awarded ... More about Paki v Attorney-General of New Zealand for and on behalf of the Crown .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Ridgecrest NZ Ltd v IAG New Zealand Ltd [2014] NZSC 117 (27 August 2014, 30 pages). Appeal from Court of Appeal [2013] NZCA 291 allowed. Insurance ... More about Supreme Courts roundup 21 to 28 August 2014.
Breath alcohol - disqualification Lose v R – [2014] NZCA 368 – Harrison, Goddard and Andrews JJ – 5 August 2014 Excess breath alcohol (third) – interaction of mandatory disqualification period and discretion to impose alcohol interlock licence disqualification – whether appellant eligible for AILD – whether AILD available for ... More about Lose v R .
Intellectual property North Face Apparel Corporation v Sanyang Industry Company Limited – [2014] NZCA 398 – Randerson, Harrison and French JJ – 15 August 2014 Trade mark registration – mark bore some similarity to NF mark used for gloves/mittens which was part of composite mark for broader range of NF ... More about North Face Apparel Corporation v Sanyang Industry Company Limited.
Criminal procedure – proceeds of crime Commissioner of Police v Dotcom – [2014] NZCA 408 – O’Regan P, Wild and French JJ – 21 August 2014 Registration of foreign asset restraining orders made in United States – original registration request anticipated conviction based forfeiture – application for extension based on ... More about Commissioner of Police v Dotcom.
Estoppel – equitable remedies Wilson Parking New Zealand limited v Fanshawe 136 Limited – [2014] NZCA 407 – Ellen France, Randerson and White JJ – 21 August 2014 Wilsons was lessee of commercial property with right of first refusal on sale – property sold to finance company under buy back ... More about Wilson Parking New Zealand limited v Fanshawe 136 Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Gottermeyer v R [2014] NZSC 115 (19 August 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 205 dismissed. New Zealand ... More about Supreme Courts roundup 15 to 21 August 2014.
Sentence Pokai v R – [2014] NZCA 356 – Stevens, Lang and Clifford JJ – 7 August 2014 Manslaughter; attempting to pervert course of justice – victim died after being taken to beach and beaten - cause of death not established due to passage of time – false information given ... More about Pokai v R .
Civil procedure – conflict of laws Americhip Incorporated v Dean – [2014] NZCA 380 – O’Regan P, Ellen France and Harrison JJ - 8 August 2014 Protest to jurisdiction - claim in deceit by US corporation against New Zealand citizen who embezzled funds in China – ancillary claim for constructive ... More about Americhip Incorporated v Dean.
Contract – intellectual property Karum Group LLC v Fisher & Paykel Financial Services Limited – [2014] NZCA 389 – Harrison, Stevens and Miller JJ - 13 August 2014 FPF purchased business providing revolving credit to retail customers – settlement agreement determined licence arrangements for credit management software during transitional period ... More about Karum Group LLC v Fisher & Paykel Financial Services.
Tort Hotchin v The New Zealand Guardian Trust Company Limited – [2014] NZCA 400 – Harrison, White and French JJ – 15 August 2014 Claim by FMA against Hanover directors for investor losses – joinder of trustees holding debt securities based on breach of tortious or equitable duties of different ... More about Hotchin v The New Zealand Guardian Trust .
Criminal law – international law LM v R – [2014] NZSC 110 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ - 13 August 2014 Prosecution for child sex offending overseas – taking photograph of child performing sexual act – whether offence committed of doing indecent act on or ... More about LM v R .
Civil procedure - interest Worldwide NZ LLC v NZ Venue and Event Management Limited – [2014] NZSC 108 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ - 11 August 2014 Vector arena - pre-emptive right to purchase “B” shares in venue operator – whether interest payable from date ... More about Worldwide NZ LLC v NZ Venue and Event Management .
Sentence R v M – [2014] NZHC 1848 – Winklemann J – 7 August 2014 Assault with intent to injure – death of school boy following schoolyard fight – M aged 17 years of previous good character acting to protect younger sibling – death due to undiagnosed heart condition and ... More about R v M.
Criminal procedure Milner v R – [2014] NZCA 366 – Ellen France, Randerson and Harrison JJ - 5 August 2014 Appeal against conviction for murder and attempted murder of husband – death caused by ingesting fatal dose of promethazine – reasonableness of jury verdict – whether Crown required to prove ... More about Milner v R.
Civil procedure – tax avoidance - costs Ben Nevis Forestry Ventures Limited v Commissioner of Inland Revenue – [2014] NZCA 348 and 350; Accent Management Limited v Attorney-General – [2014] NZCA 351; Redcliffe Forestry Venture Limited v Commissioner of Inland Revenue – [2014] NZCA 349 – O’Regan P, Stevens and ... More about Ben Nevis Forestry Ventures Limited v Commissioner of Inland Revenue.
Trusts & trustees – constructive trust Murrell v Hamilton – [2014] NZCA 377 – O’Regan P, Wild and French JJ - 7 August 2014 Relationship property – parties lived in Arrowtown property owned throughout relationship by H’s family trust – house and landscaping completed during course of relationship – M’s ... More about Murrell v Hamilton.
Charities Re Greenpeace of New Zealand Incorporated – [2014] NZSC 105 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ - 6 August 2014 Registration of Greenpeace NZ as charitable entity – assessment of “charitable purposes” – extent to which political purposes including advocacy could be charitable – whether ... More about Re Greenpeace of New Zealand Incorporated.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Beattie v Premier Events Group [2014] NZSC 111 (13 August 2014, 3 pages). Application for leave to appeal from Court of Appeal [2014] NZSC 184 dismissed. ... More about Supreme Courts roundup 7 to 14 August 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 West City Construction Ltd v Levin and Vance as Liquidators of St George Developments Ltd (in liquidation) [2014] NZSC 106 (7 August 2014, 1 page). Leave ... More about Supreme Courts roundup 1 to 7 August 2014.
Criminal law – sentence Robb v R – [2014] NZCA 338 – French, Venning and Mallon JJ – 22 July 2014 Abduction and sexual offending in 2005 – R charged in 2012 following arrest on unrelated charge and matching DNA tests – reliability of complainants evidence – starting point – ... More about Robb v R.
Sentence Burgess v R – [2014] NZCA 363 – Wild, Ronal Young and Cooper JJ – 31 July 2014 Receiving stolen property – owner of secondhand shop was active “fence” of stolen goods including gold jewellery – significant quantity of gold melted into buttons and sold to Regal Castings – ... More about Burgess v R.
Sentence – constitutional law R v Banks – [2014] NZHC 1807 – Wylie J – 1 August 2014 Transmitting false return of electoral expenses in Auckland mayoral campaign – knowledge of falsity in signing return or deliberate choice not to check – offending at lower end of scale – culpability ... More about R v Banks.
Criminal law Cullen v R – [2014] NZCA 325 – White, Keane and MacKenzie JJ – 14 July 2014 Receiving stolen motor vehicles – C principal of company which operated scrap metal yard under relevant licence – challenge to findings C was only directing mind of company and as to ... More about Cullen v R.
Land law – relationship property - creditor remedies Gateshead Investments Limited v Harvey – [2014] NZCA 361 – Randerson, Harrison and French JJ – 30 July 2014 Dispute between deceased estate and wife’s creditors over entitlement to family home – jointly owned property was made husband’s separate property under relationship ... More about Gateshead Investments Limited v Harvey .
Judicial review – civil procedure/witnesses Hampton v The District Court at Christchurch – [2014] NZHC 1750 – Whata J – 25 July 2014 Judicial comments concerning unconscionable conduct by witness in civil proceeding – whether criticisms judicially reviewable on natural justice grounds – whether witnesses had general right to be ... More about Hampton v The District Court at Christchurch.
Criminal procedure – evidence Collins v R – [2014] NZCA 342 – Harrison, Courtney and Clifford JJ – 23 July 2014 Appeal against conviction – theft of cattle from neighbouring properties – circumstances in which cattle retagged – proposed new evidence said to negate incriminatory effect of materially incorrect trial ... More about Collins v R.
Banking & finance – credit contracts Fortes v Bank of New Zealand – [2014] NZCA 346 – Miller, Ronald Young and Cooper JJ – 24 July 2014 Bank and customer were victims of fraud leading to lending on purchase of two properties – dispute concerning who should bear loss on ... More about Fortes v Bank of New Zealand .
Employment law – evidence Morgan v Whanganui College Board of Trustees – [2014] NZCA 340 – Ellen France, Randerson and Harrison JJ – 22 July 2014 Dismissal of teacher for serious misconduct – “without prejudice” conversations before decision to dismiss – whether communications protected by privilege or otherwise inadmissible – ... More about Morgan v Whanganui College Board of Trustees.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Reekie v Attorney-General [2014] NZSC 98 (30 July 2014, 2 pages). Application for recall of Supreme Court judgment [2014] NZSC 63 dismissed. King v ASB Bank ... More about Supreme Courts roundup 17 to 31 July 2014.
Sentence French v R –[2014] NZCA 297 – Randerson, Keane and MacKenzie JJ – 2 July 2014 Appeal against sentence – arson – intentionally lighting fire after barricading children into bedroom – recent marital separation – starting point – whether culpability modified by mental health issues. This headnote has been ... More about French v R.
Civil procedure – arbitration Danone Asia Pacific Holdings Pte Limited v Fonterra Co-operative Group Limited – [2014] NZHC 1681 – Venning J – 17 July 2014 Application for stay – claims relating to Fonterra supply of contaminated product for use in baby formula – arbitration commenced under supply agreement between ... More about Danone Asia Pacific Holdings Pte Limited v Fonterra Co-operative Group Limited .
Human rights – constitutional law Taylor v The Attorney-General of New Zealand – [2014] NZHC 1630 –Brown J – 11 July 2014 Application to strike out – blanket ban on prisoner voting under 2010 electoral amendment – proceeding sought declaration of inconsistency with right to vote in s12(a) NZBORA – ... More about Taylor v The Attorney-General of New Zealand.
Tort – company directors Wagner v Gill – [2014] NZCA 336 – Ellen France, French and Miller JJ – 18 July 2014 Unlawful means conspiracy – asset stripping of debtor companies – arrangements by director to transfer key contract to new company – whether breach of fiduciary duty qualified as ... More about Wagner v Gill.
Criminal law Dixon v R – [2014] NZCA 329 – Harrison, Wild and French JJ – 17 July 2014 Accessing computer system for dishonest purpose – digital security footage of English rugby team – attempt to use for personal gain – whether digital footage within definition of “property” – whether ... More about Dixon v R.
Supreme Court of New Zealand Kohai v R [2014] NZSC 91 (16 July 2014, 1 page). Application for leave to appeal from Court of Appeal [2014] NZCA 83 granted. Approved question is whether the Court of Appeal was correct to dismiss the conviction appeal. Rabson v Chapman [2014] NZSC 90 ... More about Supreme Courts roundup 10 to 17 July 2014.
Sale of land – caveats Hokitika Property Limited v Hurt – [2014] NZHC 1536 – Doogue AJ – 3 July 2014 Agreement for sale and purchase – purchase price altered after vendors signed – vendors declined to initial variation – dispute concerning basis on which vendors signed agreement and agreement ... More about Hokitika Property Limited v Hurt.
Civil procedure – Treaty of Waitangi – natural resources New Zealand Steel Mining Limited v The Honourable DJ Butcher – [2014] NZHC 1552 – 4 July 2014 – Fogarty J Leave to discontinue – proceeding challenged Crown proposal to remove land from statutory licence to mine ironsands – 1990 undertakings ... More about New Zealand Steel Mining Limited v The Honourable DJ Butcher.
Criminal law – law practitioners Din v R – [2014] NZCA 316 – Harrison, Courtney and Clifford JJ – 10 July 2014 Appeals against conviction – fraudulent scheme by Council employee to invoice Council for roading works – mistaken belief of co-offender that invoices were legitimate – alleged trial counsel ... More about Din v R.
Property law Greenslade v Honeymoon Bay Holdings Limited – [2014] NZCA 315 – O’Regan P, Harrison and Miller JJ – 14 July 2014 Beachfront property in Honeymoon Bay – building consent granted on basis of sea and pedestrian access only – owner sought vehicle access over private driveway on basis ... More about Greenslade v Honeymoon Bay Holdings Limited.
Land law – constructive trusts Nuku v Taylor – [2014] NZCA 312 – Ellen France, Venning and Mallon JJ – 8 July 2014 Removal of caveat – property acquired by siblings from mother before her death – claim by children of deceased siblings against sole surviving owner – whether claimants ... More about Nuku v Taylor .
Criminal procedure – media law Fairfax New Zealand Limited v Ismail – [2014] NZHC 1525 – Collins J – 2 July 2014 Interim name suppression – diplomatic immunity – alleged offending by staff member of Malaysian High Commission – threshold – whether statutory criteria in Criminal Procedure Act 2011 established. ... More about Fairfax New Zealand Limited v Ismail.
Sentence Tutakangahau v R – [2014] NZCA 279 – Ellen France, French and Miller JJ – 27 June 2014 Sentence appeals – test under s250(2) Criminal Procedure Act 2011 – error correction and materiality – whether change in approach under 2011 Act – whether divergence between focus on end point ... More about Tutakangahau v R.
Sentence Cooper v R – [2014] NZCA 275 – Stevens, Courtney and Lang JJ – 27 June 2014 Manslaughter and attempting to pervert course of justice – death result of single blow to troubled friend during argument – lengthy cover up by hiding body and using bankcards and social media ... More about Cooper v R.
Civil procedure – maintenance and champerty Body Corporate 160361 (Fleetwood Apartments) v BC 2004 Limited – [2014] NZHC 1514 – Fogarty J – 4 July 2014 Claims for losses relating to completion of remedial works – causes of action assigned to Council under settlement agreement – effect to reduce likely ... More about Body Corporate 160361 (Fleetwood Apartments) v BC 2004 Limited.
Criminal procedure – evidence Singh v R – [2014] NZCA 293 – Randerson, Keane and MacKenzie JJ – 2 July 2014 Conviction appeals – question trails in single issue jury trials – observations and directions – whether question trails had resulted in miscarriage of justice – visual identification evidence – ... More about Singh v R .
Criminal procedure Jones v R – [2014] NZSC 85 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ Stay of prosecution for abuse of process - police misconduct in course of undercover operation – stay set aside by CA – s381A Crimes Act silent on further appeal to SC ... More about Jones v R.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Zuydendorp v R [2014] NZSC 88 (7 July 2014, 7 pages). Application for leave to appeal from Court of Appeal [2014] NZCA 35 dismissed. Legal representation ... More about Supreme Courts roundup 3-10 July 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 Tuau v R [2014] NZSC 83 (2 July 2014, 3 pages). Application for leave to appeal from Court of Appeal [2013] NZCA 623 dismissed. Prasad v ... More about Supreme Courts roundup 26 June to 3 July 2014.
Sentence Turi v R – [2014] NZCA 254 – Harrison, Ronald Young and Simon France JJ – 18 June 2014 Manslaughter – victim who had severely weakened heart died from heart attack following beating which caused non fatal injuries – culpability – remoteness – whether offending comparable with “one punch” ... More about Turi v R.
Sentence Ross v R – [2014] NZCA 272 – French, Venning and Mallon JJ – 25 June 2014 Sentence appeal – false accounting by financial adviser – profits and losses manipulated by data entry of fictitious security transactions – offending at most serious level of commercial fraud in New Zealand ... More about Ross v R .
Arbitration – leases Holden v Foodstuffs (Wellington) Co-Operative Society Limited – [2014] NZCA 245 – Ellen France, Harrison and White JJ – 16 June 2014 Application for special leave to appeal from reversal of arbitral award – lease of supermarket premises – interpretation – whether lessee liable for turnover rental ... More about Holden v Foodstuffs (Wellington) Co-Operative Society Limited.
Administrative law – education Battison v Melloy – [2014] NZHC 1462 – Collins J – 27 June 2014 Judicial review – decision to suspend student for failure to comply with requests to cut hair – whether disciplinary action lawful – whether reasonable grounds for finding continual disobedience which was harmful ... More about Battison v Melloy.
Human rights – privacy The Sensible Sentencing Group Trust (Trust) v The Human Rights Review Tribunal (HRRT) – [2014] NZCA 264 – Stevens, Wild and Miller JJ – 25 June 2014 Appeal against strike out of application to review interim suppression orders – alleged breach by Trust of privacy principles ... More about The Sensible Sentencing Group Trust (Trust) v The Human Rights Review Tribunal (HRRT) .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Van Wakeren v Chief Executive of Department of Corrections [2014] NZSC 79 (24 June, 2 pages). Application for recall of judgment [2014] NZSC 65 dismissed. Prasad ... More about Supreme Courts roundup 19 to 26 June 2014.
Sentence Burton v R – [2014] NZCA 221 – Stevens, Courtney and Lang JJ – 9 June 2014 Threatening to kill and breaching protection order – two incidents of offending against former partner while serving term of imprisonment for earlier offending against her – challenge to starting point and uplift ... More about Burton v R.
Criminal procedure – sentence Michaels v R – [2014] NZCA 258 – Harrison, Ronald Young and Simon France JJ – 19 June 2014 Appeal against conviction and sentence – sustained and complex investment fraud centred around casino industry – alleged trial counsel error – challenge to starting point and imposition ... More about Michaels v R.
Discovery – media law Dotcom v Attorney-General – [2014] NZHC 1343 – Winkelmann J – 16 June 2014 Damages claim relating to police search and seizure operation – discovery issues including access to agency communications relating to issue of Ministerial certificate and documents in extradition proceeding – whether records of ... More about Dotcom v Attorney-General.
Land law – partnership – trusts & trustees Kidd v Worldwide Leisure Limited – [2014] NZHC 1351 – Bell AJ – 16 June 2014 Caveats – alleged acquisition of Huka Lodge with partnership funds – limitation issues - whether proceeding one for recovery of trust property in possession of trustee ... More about Kidd v Worldwide Leisure Limited .
Arbitration – contract Carr v Gallaway Cook Allan – [2014] NZSC 75 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 20 June 2014 Agreement to arbitrate – right of appeal from arbitral award extended to questions of fact – whether agreement enforceable despite invalidity – whether offending ... More about Carr v Gallaway Cook Allan.
Sentence – Maori customary law Kawiti v R – [2014] NZCA 222 – Harrison, Courtney and Clifford JJ – 4 June 2014 Cannabis offending – punishment imposed at extended family hui including apologies and direction to complete hapu service – impact of traditional whanau response on sentencing – whether sufficient ... More about Kawiti v R.
Judicial review - immigration & refugee law Singh v Chief Executive of the Minister of Business Innovation and Development – [2014] NZCA 220 – Randerson, Winkelmann and Lang JJ – 4 June 2014 Failure to disclose information relating to residence visa – possibility of deportation – whether Immigration Service letters ... More about Singh v Chief Executive of the Minister of Business Innovation and Development.
Law practitioners - civil procedure Orlov v The National Standards Committee No 1 – [2014] NZCA 242 – Ellen France, French and Miller JJ –13 June 2014 Appeal against decision to strike off O from roll of barristers and solicitors – decision to debar counsel on basis he faced disciplinary ... More about Orlov v The National Standards Committee No 1.
Negligence – limitation of actions York v Westland District Council – [2014] NZSC 71 – William Young, Glazebrook and Arnold JJ – 16 June 2014 Purchase of motel in Franz Joseph – omission of reference to Alpine Fault in LIM – whether claim time barred – whether loss in property ... More about York v Westland District Council .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Vinelight Nominees Ltd v Commissioner of Inland Revenue [2014] NZSC 74 (17 June 2014, 3 pages). Application for leave to appeal from Court of Appeal decision ... More about Supreme Courts roundup 12 to 19 June 2014.
Criminal law - elections R v Banks – [2014] NZHC 1244 – Wylie J – 5 June 2014 Reasons for guilty verdict – false return of electoral expenses – “anonymous” donations – whether return false in material particular – whether B knew return was false at time of transmission – ... More about R v Banks .
Local government law – constitutional law Mangawhai Ratepayers and Residents Association Inc v Kaipara District Council (KDC) (No 3) – [2014] NZHC 1147 – Heath J – 28 May 2014 Judicial review – wastewater facility in Mangawhai – lawfulness of council decisions to enter into contracts and levy rates – ... More about Mangawhai Ratepayers and Residents Association Inc v Kaipara District Council (KDC) (No 3).
Sentence – misuse of drugs Murray v R – [2014] NZCA 189 – Stevens, Keane and Andrews JJ – 20 May 2014 Appeal against sentence – 20 years imprisonment – substantial dealing in methamphetamine and related firearms offending – scale of offending – whether reasonable basis for inferences drawn – ... More about Murray v R.
Costs – leases Cunningham v Butterfield – [2014] NZCA 213 – Ellen France, French and Cooper J – 30 May 2014 Relief against cancellation of lease – relief granted on basis right to cancel was established but cancellation disproportionate in terms of parties’ conduct – whether lessee or lessor entitled ... More about Cunningham v Butterfield.
Weathertight homes – limitation of actions Osborne v Auckland Council – [2014] NZSC 67 – Elias CJ, McGrath, William Young, Glazebrook and Tipping JJ – 10 June 2014 Leaky homes – eligibility to bring claim under Weathertight Homes Resolution Services Act 2004 – 10 year limitation period in s14(a) ... More about Osborne v Auckland Council .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Siemer v New Zealand Court of Appeal [2014] NZSC 69 (11 June 2014, 2 pages). Application for leave to appeal dismissed. Court of Appeal (Civil) Rules ... More about Supreme Courts roundup 5 to 12 June 2014.
Media law R v Banks – [2014] NZHC 1155 – Wylie J – 28 May 2014 Revocation of permission to film trial – use of footage exposing defendant to ridicule and derision – breach of In-Court Media Guidelines – defendant’s right to be treated with dignity and respect – whether ... More about R v Banks .
Judicial review – trusts & trustees The Great Christchurch Buildings trust v The Church Property Trustees – [2014] NZHC 1182 – Panckhurst J – 30 May 2014 Removal of stay on deconstruction of ChristChurch Cathedral – trustee resolution to construct new Cathedral – whether terms of resolution sufficient to meet ... More about The Great Christchurch Buildings trust v The Church Property Trustees.
Criminal law – immigration and refugee law Ani v R – [2014] NZCA 201 – O’Regan P, Keane and Andrews JJ – 28 May 2014 Appeal against conviction – supplying false information to immigration officer concerning “genuine and stable relationship” – circumstantial case – whether jury could be satisfied marriage ... More about Ani v R.
Employment law George v Auckland Council – [2014] NZCA 209 – Ellen France, Randerson and French JJ – 30 May 2014 Unjustified dismissal – alleged breaches of recruitment process by senior council employee – initial investigation expanded to include untruthfulness in responses to allegations – whether employer entitled to rely ... More about George v Auckland Council.
Civil procedure – security for costs Reekie v Attorney-General – [2014] NZSC 63 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 29 May 2014 Security for costs on appeals – guideline judgment – restated principles for exercise of discretion to dispense with security on ground of impecuniosity ... More about Reekie v Attorney-General.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Reekie v Attorney-General [2014] NZSC 63 (29 May 2014, 31 pages). Appeal and application for leave to appeal against orders for security for costs dismissed. Civil ... More about Supreme courts roundup 30 May to 5 June 2014.
Criminal procedure – In-Court media coverage R v Banks – [2014] NZHC 1155 – Wylie J – 28 May 2014 Permission granted before trial to film proceedings – Status of In-Court Media Coverage Guidelines 2012 – Footage not to be broadcast out of context – TV3 showed footage of action ... More about R v Banks .
Sentence R v McFarland – [2014] NZHC 1106 – Andrews J – 23 May 2014 Manslaughter – “single punch” case – impulsive act protective of female companion following provocation – mitigating factors. This headnote has been sourced from the LINX database – the foremost guide to New Zealand caselaw and ... More about R v McFarland .
Sentence – misuse of drugs Wood v R – [2014] NZCA 183 – Randerson, Keane and Andrews JJ –15 May 2014 Supply of party pills (methylone) – W sentenced as commercial dealer based on quantity of tablets found on search and evidenced in cell phone data – whether scale of ... More about Wood v R.
Intellectual property – trade marks Tasman Insulation New Zealand Limited v Knauf Insulation Limited – [2014] NZHC 960 – Brown J – 9 May 2014 Alleged infringement of trade marks “BATT” and “PINK”“BATTS” – use of word “batt” as generic description for insulating materials - revocation of registration – whether ... More about Tasman Insulation New Zealand Limited v Knauf Insulation Limited.
Company insolvency Yan v Mainzeal Property and Construction Limited (In Receivership and In Liquidation) – [2014] NZCA 190 – Randerson, Harrison and French JJ – 20 May 2014 Liquidation of Mainzeal group – application for liquidation of parent company which supplied group funding and related company – non compliance with ... More about Yan v Mainzeal Property and Construction Limited (In Receivership and In Liquidation).
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Aarts v Barnardos New Zealand [2014] NZSC 62 (28 May 2014, 5 pages). Application for leave to appeal dismissed. Siemer v Deputy Registrar of Court of ... More about Supreme courts roundup 22 to 29 May 2014.
Criminal law Randell v R – [2014] NZCA 188 – O’Regan P, Keane and Andrews JJ – 19 May 2014 Appeal against conviction – causing loss by deception – false representations to marine consultant – management arrangement in respect of superyacht – nature of loss required to found conviction – ... More about Randell v R.
Sentence R v Kinghorn – [2014] NZCA 168 – O’Regan P, Hammond and Stevens JJ – 12 May 2014 Sentence – murder – death caused by driving car into woman on verge of road – challenge to minimum period of 13 years imprisonment - whether murder committed “in the course ... More about R v Kinghorn.
Civil procedure – employment law Beattie v Premier Events Group Limited – [2014] NZCA 184 – Ellen France, French and Cooper JJ –16 May 2014 Application to strike out High Court claim against former company directors and officers – Employment Court proceeding on employment issues awaiting judgment on liability – ... More about Beattie v Premier Events Group Limited.
Legal aid – criminal law and procedure The Legal Services Commissioner v Marteley – [2014] NZCA 185 – Ellen France, Randerson and Miller JJ – 19 May 2014 Criteria for granting legal aid for criminal appeals – assessment of grounds of appeal – whether criteria satisfied where Commissioner considered appeal ... More about The Legal Services Commissioner v Marteley.
Insurance – declaratory judgments New Zealand Fire Service Commission v Insurances Brokers Association of New Zealand Incorporated – [2014] NZCA 179 – Ellen France, Wild and White JJ – 13 May 2014 Method of computing Fire Service levies on “split tier” and “multi-insured composite” insurance policies – whether grant of ... More about New Zealand Fire Service Commission v Insurances Brokers Association of New Zealand Incorporated.
Māori land – trusts &and trustees Naera v Fenwick – [2014] NZSC 58 – Elias CJ and William Young JJ – 19 May 2014 Joint venture for Titikere Power Project on Māori freehold land – trustee powers to enter into agreement – interpretation – whether general power to be construed ... More about Naera v Fenwick.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Orji v R [2014] NZSC 59 (21 May 2014, 3 pages). Application for leave to appeal against Court of Appeal decision [2013] NZCA 629 dismissed. Naera ... More about Supreme Courts roundup 15 to 22 May 2014.
Criminal law – Reckless operation of motor vehicle causing death – Appeal Earl v New Zealand Police – [2014] NZHC 911 – Dunningham J – 6 May 2014 Appeal – Death of Alan James Hubbard in motor accident – Whether District Court decision unreasonable or not supported by evidence – ... More about Earl v New Zealand Police.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Stockman v New Zealand Association of Counsellors Incorporated [2014] NZSC 57 (14 May 2014, 2 pages). Application for recall of Supreme Court judgment [2014] NZSC 53 ... More about Supreme Courts roundup 8 to 15 May 2014.
Intellectual property – trade marks – fair trading Tasman Insulation New Zealand Ltd v Knauf Insulation Ltd [2014] NZHC 960 – Brown J – 9 May 2014 Trade mark infringement – use of the words “batt” and “batts” in relation to insulation products – whether trade mark registration not valid ... More about Tasman Insulation NZ Ltd v Knauf Insulation Ltd.
Banking & finance – securities – sentence Graham v R [2014] NZSC 55 – Elias CJ, William Young, Glazebrook, Arnold & Blanchard JJ – 7 May 2014 Directors of Lombard Finance & Investments Ltd (finance company) convicted under s58 Securities Act 1978 (criminal liability for misstatement in advertisement or registered ... More about Graham v R.
Resource management Woolley v R [2014] NZCA 178 – Ellen France, MacKenzie & Mallon JJ – 12 May 2014 Destruction of trees and other vegetation with a digger – no resource consent to carry out work – interrelationship of s9 and s13 Resource Management Act 1991 which dealt, respectively, with ... More about Woolley v R.
Mental health – criminal procedure Balemi v R – [2014] NZCA 176 – O’Regan P, Hammon & Stevens JJ – 9 May 2014 Fitness to stand trial – appellant found unfit to stand trial pursuant to s14 Criminal Procedure (Mentally Impaired Persons) Act 2003 – at point Court was to ... More about Balemi v R .
Contempt of Court – criminal procedure McAllister v R – [2014] NZCA 175 – O’Regan P, Ellen France & Miller JJ – 9 May 2014 Application for leave to bring second appeal against determination of contempt – refusal to take oath or affirmation required for jury service – appeal under ... More about McAllister v R.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Graham v R [2014] NZSC 55 (7 May 2014, 17 pages). Appeal from Court of Appeal decisions [2013] NZCA 188 and [2013] NZCA 274 allowed. Securities ... More about Supreme Courts roundup 1 to 8 May 2014.
Building law – resource management – natural disasters Lambton Quay Properties Nominee Limited v Wellington City Council – [2014] NZHC 878 – Collins J – 2 May 2014 Refusal of resource consent for demolition of earthquake-prone heritage building – Council notice required owner to strengthen or demolish – strengthening not ... More about Lambton Quay Properties Nominee Limited v Wellington City Council.
Criminal law - sentence Hartley v R – [2014] NZCA 162 – Miller, Goddard and Clifford JJ – 2 May 2014 Multiple counts of sexual offending against vulnerable young people – extensive grooming and denial of offending – preventive detention – whether H likely to commit further qualifying offences at ... More about Hartley v R.
Land law – caveats Paugra Holdings Limited (In Liquidation) v Harvestfield Holdings Limited – [2014] NZCA 164 – Ellen France, White and Heath JJ – 2 May 2014 Caveat - sale of property - unpaid purchase money – fraud on IRD by purchaser interests – whether vendor retained proprietary interest ... More about Paugra Holdings Limited (In Liquidation) v Harvestfield Holdings Limited .
Human rights – Prison inmate – Litigation resources Toia v Department of Corrections [2014] NZHC 867 – Brewer J – 30 April 2014 Human rights – New Zealand Bill of Rights Act 1990 – Universal Declaration of Human Rights – Segregation - Breach of statutory duty – Rights of prisoners ... More about Toia v Department of Corrections.
Relationship property Thompson v Thompson – [2014] NZCA 117 – Randerson, Stevens and Miller JJ – 8 April 2014 Post separation payment under restraint of trade covenant on sale of business – whether payment separate property or to be treated as relationship property – nature of restraint covenant – extent ... More about Thompson v Thompson.
Resource management – fisheries Sustain Our Sounds Incorporated v The New Zealand King Salmon Company Limited – [2014] NZSC 40 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 17 April 2014 Plan changes and resource consents for salmon farming in Marlborough Sounds – water quality issues – ... More about Sustain Our Sounds Incorporated v The New Zealand King Salmon Company Limited.
Resource management - fisheries Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited – [2014] NZSC 38 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 17 April 2014 Plan change and resource consents for salmon farming at Papatua in Port Gore – high adverse ... More about Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the period from 18 April to 1 May 2014 are as follows: Supreme Court of New Zealand Nuku v R [2014] NZSC 45 (1 May 2014, 3 pages). Application for leave to appeal from Court of Appeal ... More about Supreme Courts roundup 18 April to 1 May 2014.
Defamation – Social media and websites - Publication of statements by third parties – Innocent dissemination – Damages Karem v Parker [2014] NZHC 737 – Courtney J – 9 April 2014 Comments posted on Facebook page and website – Whether defendant publisher of statements by third parties – Qualified privilege ... More about Karem v Parker.
Criminal law Dutt v R – [2014] NZCA 106 – Miller, Ronald Young and Clifford JJ - 28 March 2014 Appeal against conviction – attempting to pervert course of justice - wife induced to copy letter and sign declaration admitting false complaint of assault – meaning of “course of justice” ... More about Dutt v R.
Negligence – summary judgment Stephens v Barron – [2014] NZCA 82 – O’Regan P, Stevens and Asher JJ - 21 March 2014 Claim in negligence against director and manager of carpet cleaning and pest control company – use of wrong spray causing toxicity - alleged breach of duty to use ... More about Stephens v Barron.
Company law – directors duties Schuler v Grant – [2014] NZCA 91 – Harrison, White and Venning JJ – 24 March 2014 Claim by liquidators to recover creditor losses from former director – proceeds of agency sale of stock used to operate company until insolvent – whether jurisdiction to grant ... More about Schuler v Grant.
Judicial review – racing Green v Racing Integrity Unit Limited – [2014] NZCA 133 – O’Regan P, Harrison and Wild JJ – 9 April 2014 Judicial review – harness horse racing – decision to lay information following positive result for prohibited substance – whether legitimate expectation that industry bodies would ... More about Green v Racing Integrity Unit Limited.
Civil procedure – limitation of actions Credit Suisse Private Equity v Houghton – [2014] NZSC 37 – Elias CJ, McGrath, Glazebrook, Arnold and Anderson JJ Proceeding on behalf of Feltex investors – limitation periods for parties opting in under representation order - whether investors represented from time of consent or ... More about Credit Suisse Private Equity v Houghton .
Accident Compensation – Entitlement – Administrative requirements Powell v Accident Compensation Corporation [2014] NZACC 89 – Judge LG Powell – 4 April 2014; K v Accident Compensation Corporation [2014] NZACC 90 – Judge LG Power – 4 April 2014. Refusal to complete ACC167 form – Whether respondent correct to stop ... More about Powell v ACC and K v ACC.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Hamon v R [2014] NZSC 39 (16 April 2014, 5 pages). Application for leave to appeal from Court of Appeal dismissed. Criminal law – Evidence – ... More about Supreme Courts roundup 10 to 17 April 2014.
Sentence R v Wright – [2014] NZCA 119 – Wild, Goddard and Clifford JJ – 3 April 2014 Crown appeal – 6 months home detention for attack on arresting police officer - high level of violence over several minutes – deduction for personal mitigating factors – whether home detention appropriate ... More about R v Wright.
Telecommunications – Pricing Chorus Ltd v Commerce Commission [2014] NZHC 690 - Kós J – 8 April 2014 Appeal against Commerce Commission determination – Telecommunications Act 2001 – Final pricing principle – Unbundled bitstream access – Whether error in law – Appeal dismissed. This headnote has been sourced from the ... More about Chorus Ltd v Commerce Commission .
Sentence Blackmore v R – [2014] NZCA 109 – Ellen France, MacKenzie and Mallon JJ – 1 April 2014 Dishonesty offending – offers to repair or sell motor vehicles using written agreements under assumed identities - vehicles used as “courtesy” cars for other customers – appropriate starting point – whether ... More about Blackmore v R .
Fisheries – sentence Tapsell v R – [2014] NZCA 122 – Ellen France, MacKenzie and Mallon JJ – 3 April 2014 Unlawful taking of paua and on sale to local fish and chip shops – principal offender - between 395kg and 526kg of shucked paua meat taken over 10 month ... More about Tapsell v R.
Company insolvency Grant v Lotus Gardens Limited – [2014] NZCA 127 – O’Regan P, Stevens and Asher JJ – 4 April 2014 Application for liquidation – statutory demand by company in liquidation for sums payable following setting aside of insolvent transactions – whether liquidation procedure available or voidable transaction provisions ... More about Grant v Lotus Gardens Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Credit Suisse Private Equity LLC v Houghton [2014] NZSC 37 (9 April 2014, 63 pages). Appeal from Court of Appeal [2012] NZCA 545 dismissed (majority). Civil ... More about Supreme Courts roundup 3 to 10 April 2014.
Employment Law – Unjustified dismissal – Disadvantage – Expert witnesses Snowdon v Radio New Zealand Ltd – [2014] NZEmpC 45 – Judge AD Ford – 1 April 2014 Notification of personal grievance – Whether raised within 90-day period – Whether protected disclosure under Protected Disclosures Act 2000 constitutes raising of ... More about Snowdon v Radio New Zealand Ltd.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Y v R [2014] NZSC 34 (3 April 2014, 13 pages). Appeal from Court of Appeal [2012] NZCA 458 dismissed. Criminal law - Indecent act - ... More about Supreme Courts roundup 27 March to 3 April 2014.
Law practitioners – professional disciplinary proceedings Withers v Standards Committee No 3 of the Canterbury Westland Branch of the New Zealand Law Society – [2014] NZHC 711 – Panckhurst and Mander JJ – 28 March 2014 Appeal against order striking off – professional misconduct - W acted for vendor and ... More about Withers v Standards Committee No 3 of the Canterbury Westland Branch of the New Zealand Law Society .
Sentence Brown v R – [2014] NZCA 93 – Ellen France, MacKenzie and Mallon JJ – 26 March 2014 Appeal against sentence – injuring with intent to injure – sustained attack against former partner – whether starting point and uplift too high – whether further discounts appropriate for provocation and ... More about Brown v R.
Employment law – civil procedure Idea Services Limited v Clark – [2014] NZCA 97 – Stevens, White and Miller JJ – 28 March 2014 Application for leave to appeal on question of law against Employment Court finding of unjustified dismissal – judgment delivered after “wholly unsatisfactory” delay of 26 months ... More about Idea Services Limited v Clark .
Levin v West City Construction Limited – [2014] NZCA 98 – O’Regan P, Stevens and Asher JJ – 27 March 2014 Voidable transactions – assignment of Council bonds held for subdivision works – deed of assignment signed within two year period before liquidation – whether binding equitable assignment effected by ... More about Levin v West City Construction Limited.
Sentence Greathead v R – [2014] NZCA 49 – Ellen France, MacKenzie and Mallon JJ – 5 March 2014 Appeal against sentence of preventive detention with MPI of 5 years – wounding with intent to cause grievous bodily harm – guilty plea – relatively short period of offending but troubling ... More about Greathead v R.
Company insolvency Yan v Mainzeal Property and Construction Limited (In Receivership and In Liquidation) – [2014] NZCA 86 – Ellen France, French and Cooper JJ – 21 March 2014Application for stay or interim relief – liquidation of Richina Global Real Estate by liquidators appointed for Mainzeal group – whether jurisdiction ... More about an v Mainzeal Property and Construction Limited (In Receivership and In Liquidation).
Insurance law – natural disasters Skyward Aviation 2008 Limited v Tower Insurance Limited – [2014] NZCA 76 – Randerson, Harrison and Miller JJ – 20 March 2014 Dispute concerning measure of insured loss for home damaged in Christchurch earthquakes – property in red zone – cover for full replacement value ... More about Skyward Aviation 2008 Limited v Tower Insurance Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Yandina Investments Ltd v ANZ National Bank Ltd [2014] NZSC 28 (26 March 2014, 5 pages). Application for leave to appeal from Court of Appeal [2013] ... More about Supreme Courts roundup 20 to 27 March 2014.
Executors & administrators – constructive trust Harvey v Beveridge – [2014] NZCA 72 – Randerson, White and French JJ – 20 March 2014 Claim by executrix/trustee for possession of residential unit occupied by B during deceased’s lifetime – intention to gift unit to B not perfected during lifetime or under ... More about Harvey v Beveridge.
Extradition – disclosure Dotcom v The United States of America – [2014] NZSC 24 – Elias CJ, McGrath, William Young, Glazebrook and Blanchard JJ – 21 March 2014 Extradition of “Megaupload” defendants to USA – eligibility for surrender – validity of orders for disclosure of documents/evidence relied on in “record ... More about Dotcom v The United States of America.
Criminal law – sentence Rodrigo v New Zealand Police – [2014] NZCA 68 – White, MacKenzie and Mallon JJ – 13 March 2014 Supply of Class B drug Ritalin – guilty plea - appeal against home detention – offender was university student with undiagnosed ADHD – link between lack of ... More about Rodrigo v New Zealand Police.
Sale of land – caveats Botany Land Development Limited v Auckland Council – [2014] NZCA 61 – O’Regan P, Stevens and Asher JJ – 13 March 2014 Sale of designated land at Maraetai historically owned by D family – registered covenant required offer to sell land to Council on family ... More about Botany Land Development Limited v Auckland Council .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Slavich v Attorney-General [2014] NZSC 22 (19 March 2014, 2 pages). Application for amendment of judgment [2013] NZSC 130 and its recall declined. Gibbston Downs Wines ... More about Supreme Courts roundup 13 to 20 March 2014.
Local government law – public health New Health New Zealand Inc v South Taranaki District Council – [2014] NZHC 395 – Rodney Hansen J – 7 March 2014 Fluoridation of public water supply – challenge to decision to add fluoride to water supplies of Patea and Waverley – whether council ... More about New Health New Zealand Inc v South Taranaki District Council.
Defamation Young v Television New Zealand Limited – [2014] NZCA 50 – Wild, Miller and Dobson JJ – 6 March 2014 Defamation proceeding relating to documentary investigating claim that RB killed his family – statements concerning reliability of evidence given at trial of DB – whether words capable of bearing ... More about Young v Television New Zealand Limited.
Negligent misstatement – limitation of actions Westland District Council v York – [2014] NZCA 59 – Wild, Miller and Dobson JJ – 10 March 2014 Claim for economic loss on purchase of motel at Franz Josef – information omitted from LIM concerning location of Alpine Fault, likely damage in major ... More about Westland District Council v York.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Roading and Asphalt Ltd v South Waikato District Council [2014] NZSC 18 (10 March 2014, 3 pages). Application for leave to appeal from Court of Appeal ... More about Supreme Courts roundup 6 to 13 March 2014.
Immigration and refugee law Chief Executive of the Ministry of Business, Innovation and Employment v Liu – [2014] NZCA 37 – Randerson, Harrison and Miller JJ – 26 February 2014 Deportation order following expiry of work permit – cancellation – L was Samoan citizen deported after serving prison term for ... More about Chief Executive of the Ministry of Business, Innovation and Employment v Liu.
Sale of land – contract Robb v James – [2014] NZCA 42 – Wild, Miller and Dobson JJ – 28 February 2014 Rectification of contract for sale of property at Kaikoura – land in two titles – one title not previously transferred to vendors omitted from agreement – vendor representations ... More about Robb v James.
Fisheries – criminal procedure The Ministry for Primary Industries v Sajo Oyang Corporation – [2014] NZCA 46 – Randerson, Stevens and Wild JJ – 3 March 2014 Forfeiture of Korean shipping vessel following conviction of crew for fisheries offences – whether vessel owner and charterer had standing to make submissions ... More about The Ministry for Primary Industries v Sajo Oyang Corporation.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Tebbs v R [2014] NZSC 16 (5 March 2014, 2 pages). Application for leave to appeal from Court of Appeal [2013] NZCA 523 dismissed. Criminal law ... More about Supreme Courts roundup 27 February to 6 March 2014.
Contempt of court The Solicitor-General for New Zealand v Krieger – [2014] NZHC 1712 – Panckhurst J – 17 February 2014 Interim and permanent injunctions restrained disclosure of information in spreadsheet inadvertently sent by the Earthquake Commission to earthquake repair contractor – K facilitated internet access to information by hyperlinks ... More about The Solicitor-General for New Zealand v Krieger.
Sentence – home detention Byrne v R – [2014] NZCA 32 – Ellen France, MacKenzie and Mallon JJ – 24 February 2014 Appeal against sentence of 12 months imprisonment – burglary – B gained entry into club premises and stole $600 using knowledge of deactivation code acquired from employment as ... More about Byrne v R.
Unit titles Body Corporate 114424 v LV Trust Holdings Limited – [2014] NZCA 21 – Ellen France, White and Winkelmann JJ – 20 February 2014 Weathertightness problems in residential apartment tower – allocation between unit owners of costs of remedial works – whether formula of 50% on unit basis and ... More about Body Corporate 114424 v LV Trust Holdings Limited.
Extradition - criminal procedure Her Majesty’s Attorney-General (AG) v Dotcom – [2014] NZCA 19 – Ellen France, Randerson and White JJ – 19 February 2014 Extradition - validity of search warrants issued at request of US Department of Justice – description of offences inadequate and items subject to seizure overly ... More about Her Majesty’s Attorney-General (AG) v Dotcom .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand University of Canterbury v The Insurance Council of New Zealand Incorporated [2014] NZSC 13 (26 February, 2 pages). Application for leave to appeal from Court of ... More about Supreme Courts roundup 20 to 26 February 2014.
Sentence R v Te Awa – [2014] NZHC 65 – Toogood J – 5 February 2014 Sentence – kidnapping and murder (TA); kidnapping and drug related offending (DA) – pregnant victim involved in drug deal which went sour – minimum period of imprisonment – high level of cruelty and callousness. ... More about R v Te Awa.
Contract – leases Auckland Waterfront Development Agency Limited v Mobil Oil New Zealand Limited – [2014] NZHC 84 – Katz J – 7 February 2014 Liability for remediation of contaminated subsurface of land at “tank farm” in Port of Auckland – interpretation of “clean and tidy” clause in 1985 tenancy ... More about Auckland Waterfront Development Agency Limited v Mobil Oil New Zealand Limited.
Judicial review – gambling & lotteries The Secretary for Internal Affairs v Pub Charity – [2013] NZCA 627 – Harrison, French and Miller JJ – 10 December Suspension of licence to operate gaming machine – whether power to suspend available as penalty for past non compliance without continuing breach – ... More about The Secretary for Internal Affairs v Pub Charity .
Civil procedure – resource management Jefferies v Wellington Regional Council – [2014] NZCA 15 – O’Regan P, Ellen France and Randerson JJ – 12 February 2014 Special leave to appeal – abatement notices in respect of property adjoining Mangaroa River – 1.5m high bund constructed to prevent erosion of river ... More about Jefferies v Wellington Regional Council.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Siemer v Attorney-General [2014] NZSC 8 (19 January 2014, 3 pages). Application for leave to appeal from Court of Appeal [2013] NZCA 472 dismissed. Practice and ... More about Supreme Courts roundup 13 to 19 February 2014.
Criminal law - sentence E v R – [2013] NZCA 678 – O’Regan P, Randerson and Harrison JJ – 19 December 2013 Unrelated appeals involving sexual offending – CA guidance on demeanour evidence (when specific warning required) and replaying complainant videotaped evidence during jury retirement. This headnote has been sourced ... More about E v R.
Sentence – objectionable publications Ellmers v R – [2013] NZCA 676 – 19 December 2013 – Hammond, Randerson and French JJ Minimum period of imprisonment (MPI) – preventive detention - serial paedophile with extreme deviancy posing high level of danger – whether MPI of 20 years usurped role of Parole ... More about Ellmers v R.
Civil procedure – forum non conveniens Exportrade Corporation v Irie Blue New Zealand Limited – [2013] NZCA 675 – Ellen France, White and Heath JJ – 19 December 2013 Stay of proceeding by US corporation – contract for supply of clothing in US and Barbados – whether jurisdiction to order ... More about Exportrade Corporation v Irie Blue New Zealand Limited.
Insurance law – company directors BFSL 2007 Limited v Steigrad – [2013] NZSC 156 – Elias CJ, McGrath, Glazebrook, Gault and Anderson JJ – 23 December 2013 Claims against former directors of Bridgecorp and Feltex – directors insured for liability to third parties and costs of defending claims – maximum ... More about BFSL 2007 Limited v Steigrad.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Rujing Jin v North Shore District Court [2014] NZSC 1 (12 February 2014, 2 pages). Application for leave to appeal from Court of Appeal [2013] NZCA ... More about Supreme Courts roundup 6 to 13 February 2014.
Civil procedure – negligence Blain v Evan Jones Construction Limited – [2013] NZCA 680 – O’Regan P, Stevens and Miller JJ – 19 December 2013 Review of order setting aside third party notices to head contractor under construction contract – notices alleged concurrent duty of care in tort – whether ... More about Blain v Evan Jones Construction Limited.
Negligence – weathertight homes Johnson v Auckland Council – [2013] NZCA 662 – O’Regan P, Ellen France and Asher JJ –18 December 2013 Negligence claim against council for failure to identify defects in building work and ensure code compliance – owners also negligent in failing to take reasonable steps to ... More about Johnson v Auckland Council.
Easements – valuation law MacRae v Walshe – [2013] NZCA 664 – O’Regan P, Stevens and French JJ – 19 December 2013 Modification of right of way easement on Waiheke Island – award of compensation – whether house comprising “visitor facility” was second “dwelling” under existing right of way limited ... More about MacRae v Walshe.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand No new decisions released. High Court of Australia No new decisions released. The High Court’s sittings calendar for 2014 is available here. Supreme Court of Canada ... More about Supreme Courts roundup 31 January to 5 February 2014.
Criminal law – Sentencing – Special care order Tuli v R – [2013] NZCA 624 – Harrison, Simon France and Dobson JJ – 10 December 2013 Special care order – rape and serious assault – mild level of intellectual disability – whether order for detention as special care recipient appropriate ... More about Tuli v R.
Criminal law – mental health H v R – [2013] NZCA 628 – Wild, Heath and Keane JJ – 10 December 2013 Special care order – sexual offending against girl under 12 years –comparison with status of “care recipient” – failure to consider ability to extend care order – whether ... More about H v R.
Banking & finance – contract Bos International (Australia) Limited v Strategic Nominees Limited (In Receivership) – [2013] NZCA 643 – Harrison, White and Priestley JJ – 12 December 2013 Quantum of priority sum under intercreditor funding arrangements for property development – contract interpretation – whether nominated priority amount included “interest” ... More about Bos International (Australia) Limited v Strategic Nominees Limited (In Receivership) .
Income tax – insurance law Sovereign Assurance Company Limited v Commissioner of Inland Revenue – [2013] NZCA 652 – Harrison, White and Miller JJ – 17 December 2013 Assessment of income tax on payments between life insurance company and reinsurer under reinsurance treaties – correct taxation treatment of reciprocal but ... More about Sovereign Assurance Company Limited v Commissioner of Inland Revenue.
Family protection Wood-Luxford v Wood – [2013] NZSC 153 – Elias CJ, McGrath, William Young, Chambers and Glazebrook JJ – 9 December 2013 Eligibility to make family protection claim – child conceived but not born at date of mother’s marriage to deceased who was not his natural father – whether ... More about Wood-Luxford v Wood.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand No new decisions released. High Court of Australia No new decisions released. Supreme Court of Canada Bruno Applicance and Furniture Inc v Hryniak [2014] SCC 8 ... More about Supreme Courts roundup 23 to 30 January 2014.
Decisions, proceedings and news from the highest courts in common law jurisdictions over the last month are as follows: Supreme Court of New Zealand BFSL 2007 Ltd (in liquidation) v Steigrad [2013] NZSC 156 (23 December 2013, 65 pages). Appeal from Court of Appeal decision [2013] NZCA 253 allowed (majority). ... More about Supreme Courts roundup 20 December 2013 to 23 January 2014.
Commerce Act Wellington International Airport Limited v Commerce Commission – [2013] NZHC 3289 – Clifford J, R Davey and R Shogren – 11 December 2013 Price control regulation of electricity lines and gas pipeline businesses and New Zealand international airports under pt4 Commerce Act – input methodology (IM) rules for ... More about Wellington International Airport Limited v Commerce Commission.
Sentence – misuse of drugs Quinlan v R – [2013] NZCA 634 – Wild, Simon France and Asher JJ – 10 December 2013 Sentences imposed on owner and general manager of Switched On Gardener chain of garden stores – knowing supply of equipment for cultivation of cannabis – appeal challenged ... More about Quinlan v R .
Judicial review – gaming & lotteries The Secretary for Internal Affairs v Pub Charity – [2013] NZCA 627 – Harrison, French and Miller JJ – 10 December 2013 Suspension of licence to operate gaming machines – one day suspension imposed for breach of requirement that venue costs not exceed 16% ... More about The Secretary for Internal Affairs v Pub Charity .
Intellectual property – trade marks Fast Future Brands Proprietary Limited (formerly Valleygirl Fashions Proprietary Limited) v Valleygirl New Zealand Limited (formerly Hanama Collection (NZ) Limited – [2013] NZCA 615 – Ellen France, Randerson and Wild JJ – 5 December 2013 Trade mark infringement – dispute between owner of Australian trade ... More about Fast Future Brands Proprietary Limited (formerly Valleygirl Fashions Proprietary Limited) v Valleygirl New Zealand Limited (formerly Hanama Collection (NZ) Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Wood-Luxford v Wood [2013] NZSC 153 (19 December 2013, 30 pages). Appeal from Court of Appeal decision [2012] NZCA 377 dismissed (majority). Family Protection Act 1955 ... More about Supreme Courts roundup 11 to 19 December 2013.
Criminal procedure – constitutional law Banks v District Court at Auckland – [2013] NZHC 3221 – Heath J – 3 December 2013 Challenge to decision to commit for trial – disclosure of electoral donations made to mayoral candidate B – B, a Member of Parliament was charged with knowingly providing ... More about Banks v District Court at Auckland.
Trusts & trustees Glover No 2 Limited v The Glover Trust Limited – [2013] NZCA 608 – Harrison, French and Miller JJ Alleged sham trust – property development undertaken by husband and wife – steps taken by wife and solicitor trustee to obtain ownership/ control to protect beneficiaries against financial ... More about Glover No 2 Limited v The Glover Trust Limited.
Accident Compensation C v Accident Compensation Corporation (ACC) – [2013] NZCA 590 – Randerson, Stevens and French JJ – 2 December 2013 Claim for compensation under ACC legislation by woman whose child was born with spina bifida following misdiagnosis during antenatal ultrasound - whether woman suffered “personal injury” by way ... More about C v Accident Compensation Corporation (ACC).
Natural disasters – constitutional law The Minister for Canterbury Earthquake Recovery v Fowler Developments Limited – [2013] NZCA 588 – O’Regan P, Ellen France and Stevens JJ – 3 December 2013 Challenge to lawfulness of decisions following Christchurch earthquakes – whether decision to create “red zone” affected property rights – ... More about The Minister for Canterbury Earthquake Recovery v Fowler Developments Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand MacKenzie v R [2013] NZSC 143 (10 December 2013). Application for leave to appeal from Court of Appeal decision [2013] NZCA 432 declined. Evidence – Admissibility ... More about Supreme Courts roundup 5 to 12 December 2013.
Customs & excise – judicial review Terminals (NZ) Limited v Comptroller of Customs – [2013] NZSC 139 – Elias CJ, McGrath, William Young, Glazebrook and Gault JJ – 6 December 2013 Assessment of excise duty – imported motor spirit blended with local buthane – different rates applying to motor spirit ... More about Terminals (NZ) Limited v Comptroller of Customs.
Privacy – intellectual property Earthquake Commission (EQC) v Krieger – [2013] NZHC 3140 – Collins J – 27 November 2013 Disclosure of information by former employee of EQC – spreadsheet relating to claims from Christchurch earthquakes posted on publicly accessible websites – whether disclosure constituted breach of confidence requiring declarations ... More about Earthquake Commission (EQC) v Krieger .
Sentence Fox v R – [2013] NZCA 577 – O’Regan P, Panckhurst and MacKenzie JJ – 25 November 2013 Appeals against sentence – burglary and injuring with intent to injure – offenders broke into victim’s flat after discovering his supply of drugs to offender’s partner – whether starting point too ... More about Fox v R.
Law practitioners Q v Legal Complaints Review Officer – [2013] NZCA 570 – White, French and Priestley JJ – 20 November 2013 Complaint against legal practitioner of unsatisfactory conduct in course of representing ACC client – submissions at review hearing that appointed medical assessor had conflict of interest based ... More about Q v Legal Complaints Review Officer.
Trusts & trustees The Great Christchurch Buildings Trust v Church Property Trustees – [2013] NZSC 132 – McGrath, Glazebrook and Arnold JJ – 2 December 2013 Lawfulness of decisions relating to deconstruction and rebuilding of Christ Church Cathedral – leave to appeal - alleged errors relating to interpretation of trust ... More about The Great Christchurch Buildings Trust v Church Property Trustees .
Civil procedure - resource management Te Runanga-A-Iwi O Ngati Kahu v Far North District Council – [2013] NZSC 134 – McGrath, Glazebrook and Arnold JJ – 2 December 2013 Land use and subdivision consents for residential lots at Carrington country estate on Karikari Peninsula – leave to appeal – whether ... More about Te Runanga-A-Iwi O Ngati Kahu v Far North District Council.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Norris v R [2013] NZSC 138 (4 December 2013). Application for leave to appeal against Court of Appeal decision [2013] NZCA 526 dismissed. Criminal law – ... More about Supreme Courts roundup 29 November to 5 December 2013.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Slavich v Attorney-General [2013] NZSC 130 (26 November 2013). Application for leave to appeal against Court of Appeal decision [2013] NZCA 356 dismissed. Security for costs ... More about Supreme Courts roundup 22 to 28 November 2013.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Redcliffe Forestry Venture Ltd v Commissioner of Inland Revenue [2013] NZSC 128 (20 November 2013). Application for recall of Supreme Court decision [2008] NZSC 115 and ... More about Supreme Courts roundup 15 to 22 November 2013.
Sentence T (CA 43-2013) v R – [2013] NZCA 497 – Miller, Cooper & Lang JJ – 17 October 2013 Successful appeal against imposition of second sentence of preventive detention and minimum period of imprisonment (MPI) of 7 years – 24 charges of serious sexual offending against daughter and niece ... More about T (CA 43-2013) v R.
Civil procedure Yandina Investments Ltd v ANZ National Bank Ltd – [2013] NZCA 469 – Harrison, Stevens & Wild JJ – 14 October 2013 Appeal against decision granting respondent banks’ application to strike out claim for $22M – interpretation of three Deeds of Assignment (the Deeds) entered into by each ... More about Yandina Investments Ltd v ANZ National Bank Ltd .
Transport law – blood alcohol Tebbs v R – [2013] NZCA 523 – Hammond, Randerson and French JJ – 30 October 2013 Unsuccessful appeal on questions of law – differing analyses of blood specimen produced by ESR and private analyst – effect of presumption in s77(2) Land Transport Act 1998 ... More about Tebbs v R.
Criminal law – sentence Ikamanu v R – [2013] NZCA 510 – Miller, Cooper and Lang JJ – 30 October 2013 Unsuccessful appeal against conviction and sentence – manslaughter of daughter aged 3 years old – early acknowledgement of responsibility for fatal injuries in “one-off incident” – appeal challenged additional ... More about Ikamanu v R.
Land law – injunction Murray v Wellington City Council – [2013] NZCA 533 – Harrison, White and Priestley JJ – 4 November 2013 Partly successful appeal – judicial review proceeding challenged decision of Wellington City Council cancelling conditions on an encroachment licence – whether Judge erred in quashing decision as ... More about Murray v Wellington City Council.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Save Kapiti Incorporated v New Zealand Transport Agency [2013] NZSC 123 (14 November 2013). Application for leave to appeal against High Court decision [2013] NZHC 2104 ... More about Supreme Courts roundup 7 to 14 November 2013.
Criminal law – company insolvency Norris v R – [2013] NZCA 526 – 31 October 2013 – Ellen France, Rodney Hansen and Mallon JJ Unsuccessful appeal against conviction – theft by person in special relationship under s220 Crimes Act 1961 – failure of liquidator to account to creditors – company ... More about Norris v R.
Criminal proceeds recovery – Family home Doorman v The Commissioner New Zealand Police – [2013] NZCA 476 – 16 October 2013 – Ellen France, Ronald Young and Cooper JJ Successful appeal against profit forfeiture order under Criminal Proceeds (Recovery) Act 2009 – asset forfeiture order made in respect of proceeds ... More about Doorman v The Commissioner New Zealand Police.
Proceeds of crime Duncan v Commissioner of Police – [2013] NZCA 477 – 16 October 2013 – Ellen France, Ronald Young and Cooper JJ Unsuccessful appeal against asset forfeiture order under Criminal Proceeds (Recovery) Act 2009 (the Act) – A’s partner engaged in significant criminal activity with her knowledge – ... More about Duncan v Commissioner of Police.
Personal property – securities Gibbston Downs Wines Limited v Perpetual Trust Limited – [2013] NZCA 506 – 22 October 2013 – Randerson, Stevens and Venning JJ Unsuccessful appeal – priority of competing security interests – duration and effect of subordination agreement – subordination details registered in financing change statement – ... More about Gibbston Downs Wines Limited v Perpetual Trust Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Gash v R [2013] NZSC 106 (4 November 2013). Application for leave to appeal against Court of Appeal decision [2013] NZCA 309 dismissed. Indictment amended during ... More about Supreme Courts roundup 31 October to 7 November 2013.
Criminal law Romana v R – [2013] NZCA 464 – French, Rodney Hansen & Mallon JJ – 7 October 2013 Unsuccessful appeals against convictions and sentence – kidnapping; blackmail; wounding with intent to injure; being a party to unlawful detention (secondary liability) – appellants were gang members – victim was ... More about Romana v R .
Natural disasters – building law University of Canterbury v The Insurance Council of New Zealand Incorporated (ICNZ) – [2013] NZCA 471 – Harrison, White and Asher JJ – 8 October 2013 Unsuccessful appeal against decision striking out parts of council policy – policy adopted by Christchurch City Council in Sep ... More about University of Canterbury v The Insurance Council of New Zealand Incorporated (ICNZ).
Trespass – criminal law Leason v Attorney-General – [2013] NZCA 509 – Randerson, Stevens and White JJ – 25 October 2013 Unsuccessful appeal – summary judgment in trespass action against protesters who caused damage to fixtures and property at GCSB site at Waihopai – use of satellite for foreign intelligence ... More about Leason v Attorney-General.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Guy v Bank of New Zealand [2013] NZSC 105 (25 October 2013). Application for review of Registrar’s decision declining to waive payment of filing fee dismissed. ... More about Supreme Courts roundup 25 to 31 October 2013.
Criminal law – sentence Graham v R – [2013] NZSC 104 – Elias CJ, William Young and Glazebrook JJ – 25 October 2013 Unsuccessful application for leave to appeal against conviction; leave to appeal against sentence granted – offending under s58 Securities Act 1978 by directors of Lombard Finance – ... More about Graham v R.
Administrative law – immigration The Minister of Immigration v Zhang – [2013] NZCA 487 – Harrison, White and Miller JJ Successful appeal against HC decision quashing decision of Immigration and Protection Tribunal declining appeal against deportation order – Z born in China held permanent New Zealand residency after immigrating with ... More about The Minister of Immigration v Zhang.
Criminal procedure R v Antonievic – [2013] NZCA 483 – O’Regan P, French and Asher JJ – 15 October 2013 Successful appeal against stay of prosecution – 21 defendants from Red Devils Motorcycle Club in Nelson charged with participation in organised criminal group, supply of methamphetamine and conspiracy to cause ... More about R v Antonievic.
Resource Management Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited – [2013] NZSC 101 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 18 October 2014 Leave to appeal – salmon farming in Marlborough Sounds – whether approval by Board of Inquiry of Papatua ... More about Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited .
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Conway v R [2013] NZSC 103 (24 October 2013). Application for leave to appeal dismissed. Resource Management Act 1991 - Discharges of contaminants during operation of ... More about Supreme Courts roundup 18 to 24 October 2013.
Decisions and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Deng v R [2013] NZSC 100 (15 October 2013). Application for leave to appeal dismissed. Quality of translation at trial – Sentence for possession of methamphetamine for ... More about Supreme Courts roundup 11 to 17 October 2013.
Land law Squally Cove Forestry Partnership v Wagg – [2013] NZCA 463 – Ellen France, White and French JJ – 4 October 2013 Successful appeal against order granting access to landlocked land in Wairangi Bay, Marlborough Sounds – s327 Property Law Act 2007 – longstanding arrangement for de facto access ... More about Squally Cove Forestry Partnership v Wagg.
Income tax – company insolvency Commissioner of Inland Revenue v Jennings Roadfreight Limited (In Liquidation) – [2013] NZCA 455 – Ellen France, Wild and White JJ Successful appeal by Commissioner of Inland Revenue – interpretation of s167 Tax Administration Act 1994 – status of PAYE tax deducted by employer on ... More about Commissioner of Inland Revenue v Jennings Roadfreight Limited (In Liquidation).
Criminal law - evidence Lundy v R – [2013] UKPC 28 – Lord Hope, Lord Kerr, Lord Reed, Lord Hughes and Elias CJ – 7 October 2013 Successful appeal against conviction for murder of wife and daughter in Aug 2000 – new evidence challenged reliability of scientific testing and critical ... More about Lundy v R.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Shadrock v R [2013] NZSC 96 (9 October 2013). Applications for leave to appeal dismissed. Appeal against convictions for murder and accessories after fact – Trial ... More about Supreme Courts roundup 3 to 10 October 2013.
Insurance Hanover Group Holdings Ltd v AIG Insurance New Zealand Ltd – [2013] NZCA 442 – O’Regan P, Arnold & Stevens JJ – 30 September 2013 unsuccessful appeal – rectification of insurance policy sought – second tier financiers – Directors and Liability policy – principal ground of appeal that the ... More about Hanover Group Holdings Ltd v AIG Insurance New Zealand Ltd.
Company insolvency Grant v CP Asset Management Ltd – [2013] NZCA 452 – Ellen France, Wild & Miller JJ – 30 September 2013 successful appeal – HC declined to set aside resolution under s245A Companies Act 1993 and exercised its jurisdiction under s243(7) to replace appellants as liquidators of company ... More about Grant v CP Asset Management Ltd.
Trusts and trustees Spencer v Spencer – [2013] NZCA 449 – Arnold, Randerson & White JJ – 27 September 2013 partially successful appeal against HC judgment given against appellants for total of $564,131 – family trust included specific payment of $200 a week for the maintenance of RS but were ... More about Spencer v Spencer .
Sentence Opetaia v R – [2013] NZCA 434 – Wild, Cooper and Lang JJ - 19 September 2013 Successful appeal against sentence - cumulative terms of imprisonment for three sets of offending including aggravated robbery, burglary and assault with intent to rob – two sentencing exercises – failure to have ... More about Opetaia v R.
Criminal law – sentence K v R – [2013] NZCA 430 – Harrison, Winklemann and Courtney JJ - 16 September 2013 Unsuccessful appeal against conviction and sentence – sexual offending against daughter between 1998 and 2004 – admissibility of pre-arrest tape recording of telephone conversation between accused and daughter – ... More about K v R.
Employment law Terranova Homes and Care Limited v Faitala and Goff – [2013] NZCA 435 – Randerson, Harrison and Miller JJ – 19 September 2013 Unsuccessful appeal from EC – proceeding by caregivers employed at rest home challenged deduction of compulsory employer contributions payable under KiwiSaver scheme from wages paid ... More about Terranova Homes and Care Limited v Faitala and Goff .
Decisions, proceedings and news from the highest courts in common law jurisdictions over the last week are as follows: Supreme Court of New Zealand Lawler v R [2013] NZSC 92 (3 October 2013). Application for leave to appeal declined. Appeal against conviction for sexual offending and against imposition of sentence ... More about Supreme Courts roundup 27 September to 3 October 2013.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Beavis v de Vere [2013] NZSC 90 (20 September 2013). Application for recall of Supreme Court judgment [2013] NZSC 79 dismissed. Waterhouse v Contractors Bonding Ltd ... More about Supreme Courts roundup 20 to 26 September 2013.
Animals – sentence Balfour v R – [2013] NZCA 429 – White, Goddard and Simon France JJ – 13 September 2013 Appeal against conviction and sentence – commercial breeding operation – charges of ill treatment and failing to ensure the physical, health and behavioural needs of dogs and cats were ... More about Balfour v R.
Criminal law Akulue v R – [2013] NZSC 88 – Elias CJ, McGrath, William Young, Glazebrook and Gault JJ – 19 September 2013 Unsuccessful appeal – Nigerian man living in New Zealand faced charges of importing and conspiring to supply methamphetamine – importation said to be coerced by threats by ... More about Akulue v R .
Civil procedure Waterhouse v Contractors Bonding Limited – [2013] NZSC 89 – Elias CJ, McGrath, William Young, Chambers and Glazebrook JJ – 20 September 2013 Partly successful appeal – commercial litigation funding agreements – disclosure requirements in actions by individual litigants – role of Court in exercising oversight – matters ... More about Waterhouse v Contractors Bonding Limited.
Resource management West Coast ENT Incorporated v Buller Coal Limited – [2013] NZSC 87 – Elias CJ, McGrath, William Young, Chambers and Glazebrook JJ –19 September 2013 Appeal relating to resource consent applications for open-cast coal mines on West Coast – mined coal to be exported for use in steel ... More about West Coast ENT Incorporated v Buller Coal Limited.
Contempt of court – juries McAllister v Solicitor-General – [2013] NZHC 2217 – Lang J – 29 August 2013 Appeal against determination of contempt of court and penalty – refusal to take oath or affirmation as juror – concerns regarding work commitments – principles of natural justice relevant to determination ... More about McAllister v Solicitor-General.
Bail Zheng v New Zealand Police – [2013] NZCA 423 – O’Regan P, Randerson and White JJ – 6 September 2013 Appeal – Chinese national with permanent residency in New Zealand charged with inflicting grievous bodily harm with intent – variation of bail sought to attend his wedding in People’s ... More about Zheng v New Zealand Police.
Sentence – misuse of drugs Taylor v R – [2013] NZCA 417 – White, Venning and Courtney JJ – 4 September 2013 Unsuccessful appeals against sentence – 7 years imprisonment – cultivating cannabis and aggravated assault – large scale cannabis cultivation operation in pine plantation – category 3 of R ... More about Taylor v R.
Defamation – costs Smith v Dooley –[2013] NZCA 428 – O’Regan P, Stevens and Wild JJ – 13 September 2013 Successful appeal – alleged defamatory statements concerning integrity of chairman of Development West Coast – denial of existence of email attempting to garner support in coming elections – whether comments ... More about Smith v Dooley .
Civil procedure – intellectual property Napier Tool & Die Limited v Oraka Technologies Limited – [2013] NZSC 86 – Elias CJ, McGrath and Arnold JJ – 12 September 2013 Leave to appeal – copyright infringement – cup assembly on asparagus grading machine – HC finding against breach of copyright overturned ... More about Napier Tool & Die Limited v Oraka Technologies Limited.
Decisions, proceedings and news from the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Akulue v R [2013] NZSC 88 (19 September 2013). Appeal from Court of Appeal decision [2013] NZCA 84 (not available) dismissed. Criminal Law - Necessity as ... More about Supreme Courts roundup (12 to 19 September, 2013).
Employment law Tan v LSG Sky Chefs New Zealand Limited – [2013] NZCA 399 – White, French and Asher JJ – 27 August 2013 Appeal from EC decision – eligibility of employee to transfer to new employer under subpt1, pt6A Employment Relations Act 2000 – whether duties as airline equipment ... More about Tan v LSG Sky Chefs New Zealand Limited.
Company insolvency Levin v Lawrence – [2013] NZCA 394 – Wild, White and French JJ – 23 August 2013 Unsuccessful appeal from decision declining to permit liquidators of creditor company to inspect accounts and records of company in liquidation – s256(1)(a)(ii) Companies Act 1993 – statutory framework – “good reason” ... More about Levin v Lawrence.
Mortgages Mawhinney v Nags Head Horse Hotel Limited – [2013] NZCA 401 – Arnold, Harrison and Rodney Hansen JJ – 27 August 2013 Unsuccessful appeal – priority of mortgages – failure to register deed of priority in respect of later mortgage in time – priority not lost through series of ... More about Mawhinney v Nags Head Horse Hotel Limited .
Administrative law – natural disasters – human rights Fowler Developments Limited v The Chief Executive of the Canterbury Earthquake Recovery Authority – [2013] NZHC 2173 – Panckhurst J – 26 August 2013 Successful judicial review of offers to purchase vacant land or uninsured residential properties in Christchurch red zone for ... More about Fowler Developments Limited v The Chief Executive of the Canterbury Earthquake Recovery Authority.
Negligence – law practitioners Appleton and Anor as Trustees of the Appleton Family Trust v Tauranga Law – [2013] NZCA 420 – O’Regan P, France and Winkelmann JJ – 6 September 2013 Successful appeal – negligence claim against law firm for loss of deposit on purchase of apartment in Blue ... More about Appleton and Anor as Trustees of the Appleton Family Trust v Tauranga Law.
Decisions and proceedings in the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand Napier Tool & Die Ltd v Oraka Technologies Ltd and Others [2013] NZSC 86 (12 September 2013). Application for leave to appeal (dismissed with costs). Copyright - ... More about Supreme Courts roundup (6 to 12 September, 2013).
Criminal law – misuse of drugs – sentence McKee v R – [2013] NZCA 387 – White, Goddard and Simon France JJ – 22 August 2013 Appeal against conviction and sentence – sale and cultivation of cannabis – severely disabled offender promoted medical use of cannabis on “GreenCross” website – ... More about McKee v R.
Criminal law – evidence McKenzie v R – [2013] NZCA 378 – French, Goddard and Ronald Young JJ – 19 August 2013 Unsuccessful appeal against conviction – conspiracy to manufacture methamphetamine – conviction for role as financier - short term loan of $180,000 at 80% interest evidenced by written loan ... More about McKenzie v R.
Local government – rating Mangawhai Ratepayers and Residents Association Inc v Kaipara District Council – [2013] NZHC 2220 – Heath J – 29 August 2013 Unsuccessful strike out application – judicial review proceeding by ratepayers association challenged decisions of Kaipara DC relating to construction of sewage treatment plant at Mangawhai ... More about Mangawhai Ratepayers and Residents Association Inc v Kaipara District Council .
Social security Bridgford as Executor of the Estate of Elva Bridgcorp v The Chief Executive of the Ministry of Social Development – [2013] NZCA 410 – Harrison, Wild and Asher JJ – 2 September 2013 Unsuccessful appeal – assessment of assets for residential care subsidy – pt4 Social Security ... More about Bridgford as Executor of the Estate of Elva Bridgcorp.
Human rights – social security Child Poverty Action Group Inc v Attorney-General – [2013] NZCA 402 – Ellen France, Randerson and Stevens JJ – 30 August 2013 Appeal relating to in-work tax credit in Working for Families social assistance package – whether exclusion of persons receiving income-tested benefit constituted discrimination ... More about Child Poverty Action Group Inc v Attorney-General.
Decisions and proceedings in the highest courts in common law jurisdictions in the last week are as follows: Supreme Court of New Zealand No decisions during this period. A 4 September post by Sonia Sharma on the New Zealand Supreme Court blog discusses Kapa v R [2012] NZSC 119, (2012) ... More about Supreme Courts roundup (30 August to 5 September, 2013).
Sentence – misuse of drugs Dingemans v R – [2013] NZCA 355 – Harrison, Panckhurst and Ronald Young JJ – 7 August 2013 Successful appeal against sentence – supply of equipment or materials for cultivating cannabis – Auckland area manager of Switched on Gardener (SOG) – covert police investigation of ... More about Dingemans v R.
Administrative law – discovery Bain v Minister of Justice – [2013] NZHC 2123 – Keane J – 21 August 2013 Determination of preliminary issue – discovery – judicial review proceeding challenged failure by Minister of Justice to disclose reports on B’s claim for compensation for wrongful conviction before their public ... More about Bain v Minister of Justice .
Employment law – restitution Pacific Flight Catering Limited v LSG Sky Chefs New Zealand Limited – [2013] NZCA 386 – O’Regan P, Ellen France and Harrison JJ – 22 August 2013 Successful appeal from decision upholding claim for money paid under compulsion of law – tender for flight catering services ... More about Pacific Flight Catering Limited v LSG Sky Chefs New Zealand Limited .
Criminal law – sentence Chow v R – [2013] NZCA 360 – Arnold, Harrison and White JJ – 12 August 2013 Unsuccessful appeal against conviction and sentence – murder – 61 year old Chinese man with low intellectual functioning, limited English and background of serious hardship during China’s Cultural Revolution ... More about Chow v R .
Resource management – marine farming Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited – [2013] NZHC 1992 – Dobson J – 8 August 2013 Unsuccessful appeal from decisions of Board of Inquiry under s149V Resource Management Act 1991 granting plan changes and resource consents for salmon ... More about Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited .
Unit titles – contract ABCDE Investments Limited v Van Gog – [2013] NZCA 351 – Arnold, Harrison and Rodney Hansen JJ – 6 August 2013 Unsuccessful appeal relating to letting rights in apartment complex at Mt Maunganui – challenge to validity and enforceability of memorandum of encumbrance granting building manager ... More about ABCDE Investments Limited v Van Gog.
Criminal justice Wilson v The Chief Executive of the Department of Corrections – [2013] NZSC 78 – McGrath, William Young and Glazebrook JJ – 20 August 2013 Unsuccessful application for leave to appeal – extended supervision order for 10 years from statutory release date in Sep 2015 – proposed appeal ... More about Wilson v The Chief Executive of the Department of Corrections.
Criminal law Fukofuka v R – [2013] NZSC 77 – Elias CJ, McGrath, William Young, Glazebrook and Arnold JJ – 16 August 2013 Successful appeal against conviction – wounding with intent to cause grievous bodily harm and theft – complainant identification based on previous association and photographic montage – flaws ... More about Fukofuka v R.
Recent decisions of the highest courts in common law jurisdictions include the following: High Court of Australia Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36 (14 August 2013) Fair Work Act 2009 (Cth), section 470(1). “Fly in/fly out” employees. Employer provided accommodation while on ... More about Supreme Courts decision roundup (8 August to 15 August, 2013).
Recent decisions of the highest courts in common law jurisdictions include the following: High Court of Australia Fortescue Metals Group Ltd v Commonwealth of Australia [2013] HCA 34 (7 August 2013). Constitutional law. Powers of Commonwealth Parliament. Whether Commonwealth Acts give preference to one State over another. Judgment available here. ... More about Supreme Courts decision roundup 31 July - 7 August 2013.
By Cameron Loughlin and Greg King When faced with criminal conduct by an employee in the workplace, the employer will probably want to bring the employment relationship to a swift end but may not necessarily wish to involve the Police. In this scenario, the employer, and their lawyer, will need ... More about Fine line between settlement discussions and blackmail.
By Barry Allan* It has long been accepted that councils owe a duty of care to owners of houses in respect of the work done by councils in issuing building consents, inspecting houses in the course of construction and issuing a code compliance certificate. Liability to all home owners was ... More about Defective buildings and duties of care.
A sentence discount is available to males who have suffered to the same extent as females who have “battered women’s syndrome”, the Court of Appeal has said. The ruling came when Toa Tuau successfully appealed his sentence for wounding his father with intent to cause grievous bodily harm (Tuau v ... More about Battered men can also receive sentence discount.
The Financial Markets Authority v Hotchin (HC Auckland, CIV2010-404-8082, 21 February 2012, Winkelmann J) is the latest decision in the battle over freezing orders in the Hotchin litigation. Mr Hotchin is under investigation for suspected breaches of the Securities Act 1978. Pursuant to ss60H and 60G of the Act, the ... More about Freezing orders, the FMA and what it might mean for trusts: FMA v Hotchin.
When buying land, information can come to the buyers through many sources. Vendors, real estate agents, local authorities, lawyers and other professional advisors may have all provided information which has influenced the purchase decision. If an error infects some of that information, but the same infected information gets to the ... More about Misrepresentation and multiple wrong-doers: Marlborough DC v Altimarloch.
Two High Court decisions of importance to probate administration practice were delivered by Justice MacKenzie in December 2011. John Earles, Registrar/Specialist Advisor in the High Court, Wellington, summarises these decisions. Re Cornelius The decision in re Cornelius (HC Timaru CIV 2011-476-542, 20 December 2011) is of some importance because it ... More about Two important High Court decisions for probate administration practice.
The Supreme Court’s decision in Penny and Hooper v CIR [2011] NZSC 95 has been widely discussed, no doubt because the arrangement attacked by the Commissioner is a very common one. Many practitioners will have clients who are concerned about the implications of the decision for their own businesses. In ... More about Keep a steady focus on what BG 1 says: Penny & Hooper v CIR.
A civil defendant who was, unknown to him, unrepresented at trial after the lawyer on record had not properly withdrawn may have suffered a “serious injustice”, the Court of Appeal has said. In Kim v Yee [2011] NZCA 256 (3 June 2011), the court found that the lawyer on record ... More about Unrepresented defendant suffers serious injustice.
The Court of Appeal has considered whether the Supreme Court decision in Hessell v R [2011] 1 NZLR 607, [2010] NZSC 135 impacts on the Court of Appeal judgment in R v AM [2010] 2 NZLR 750, [2010] NZCA 114 which set guidelines for sentencing for sexual offences, and for ... More about Court of Appeal reconsiders sentencing guideline judgments.
The Office of the Privacy Commissioner has said indefinite retention of personal information by a company specialising in screening prospective employees is incompatible with one of the principles of the Privacy Act 1993. A Case Note released by the Commissioner in July 2011 provides information on a complaint by a ... More about Indefinite retention of pre-employment information not allowed.
The Court of Appeal has decided that the High Court has jurisdiction to order partial forfeiture to the Crown of a property that is held in one title after a finding that it is an instrument of crime. In Elliot v R [2011] NZCA 386 (11 August 2011), the Court ... More about Partial forfeiture of instrument of crime property upheld.
The Supreme Court has dismissed an appeal by Westpac New Zealand Ltd from a Court of Appeal decision which had held the bank liable for breach of mandate. In Westpac New Zealand Ltd v MAP & Associates Ltd [2011] NZSC 89 (16 August 2011), Westpac had declined to pay monies ... More about Supreme Court dismisses breach of mandate appeal.
A United States in-house lawyer has been acquitted of criminal charges following a prosecution the trial judge described as raising “serious implications for the practice of law”. These “serious implications” related to prosecuting a lawyer who was carrying out her duty and to the prosecution being given access to privileged ... More about In-house lawyer cleared of crime.
All practitioners would benefit from reading a Supreme Court judgment which summarises the important decisions and events since the creation of New Zealand’s distinctive Treaty jurisdiction in 1975 that now plays such an important role in our nation’s development. Whether a court or a tribunal grants an urgent fixture can ... More about Haronga summarises Treaty jurisprudence.
High Court Justice Duffy has stated that the public would expect lawyers to prepare “precise, clear undertakings” that expressed their intent. The public would also expect lawyers to honour their undertakings, rather than disputing their meaning, and would not expect that lawyers could later avoid honouring them by arguing they ... More about High Court examines lawyers’ undertakings requirements.
The United States Supreme Court has ruled in favour of consumer contracts that prohibit class actions. In a decision published on 27 April 2011, the court ruled in a 5-4 decision that businesses may use standard-form contracts to prevent consumers claiming fraud from banding together in a single arbitration. A ... More about US Supreme Court rules that consumer contracts can prohibit class actions.
Bringing a counterclaim for costs against counsel to a party in an ongoing proceeding “strikes at the heart of justice” according to Auckland District Court Judge Mary-Elizabeth Sharp. To allow such a claim would make litigation impossible to conclude as “all counsel conducting litigation would be liable to become the ... More about Cost counterclaim attack on bar’s independence.
The Wanganui District Council acted unlawfully by enacting a bylaw banning the display of gang insignia in “substantively” all public places in the Wanganui District, according to a recent High Court decision. In Phillip Schubert v Wanganui District Council (HC Wanganui CIV-2010-483-321 3 March 2011), Justice Clifford found the bylaw ... More about Bylaw unjustified limitation on right of freedom of expression.
A new guideline on guilty plea discounts is now in operation, following a Court of Appeal judgment delivered on 2 October. The judgment, in R v Hessell [2009] NZCA 450, deals firstly with the guilty pleas guideline, then with Hessell’s appeal against sentence for nine offences of sexual conduct with ... More about Guilty pleas guidelines set.
GST case highlights importance of terms of engagement for client expenses The Canadian Federal Court of Appeal's recent decision in Canada v Merchant Law Group [2010] FCA 206 highlights an issue of which New Zealand solicitors should be aware. This is the correct GST treatment of expenses that are paid ... More about Client expenses.
Courts should hesitate before automatically concluding that lawyers involved in events leading up to proceedings lacked independence or objectivity, the High Court has said. HMI Technologies Ltd v Signopsys Electronic Signs (High Court, Auckland, Justice Asher, 10 July 2009, CIV 2009-404-1520) involved proceedings by Signopsys in the District Court claiming ... More about Counsel litigation independence.
Lawyers dealing with property relationship agreements do not have a duty of care to opposing parties to ensure that agreements comply with the Property (Relationships) Act 1976 by providing s21F certificates, the High Court has held. In Radisich v Templeton & Ors (High Court, Auckland, Justice Randerson, 29 May 2009, ... More about PRA agreements and duty of care.
Land Transfer Act 1952 indefeasibility provisions The indefeasibility provisions of the Land Transfer Act 1952 have been considered by the Supreme Court in a negligence claim against a solicitor. In Westpac New Zealand Ltd v Clark (Supreme Court, 3 July 2009, SC 67/2008) the bank had been the victim of ... More about LTA indefeasibility provisions.
Australian counsel appearing in New Zealand courts are required to obtain practising certificates and pay practising fees in this country, although the court has inherent jurisdiction to permit anyone to appear in a particular case. Fairfax v Ireton (Court of Appeal, 24 March 2009, CA 777/2008) involved proceedings under the ... More about Australian counsel in NZ courts.
Internet not a law-free zone Just because comment or information is on the internet doesn’t mean that the ordinary laws of New Zealand don’t still apply. That is the message of Judge David Harvey’s recent judgment in The Police v Cameron John Slater DC Auckland CRN-004028329-9833, 14 September 2010, convicting ... More about Police v Slater.
Lawyers providing trustee services to clients should be careful in how they manage trustee companies. Using one company to manage all of a firm’s client trusts can create problems, as highlighted by a recent High Court decision. To limit the personal liability of lawyers who are trustees themselves when providing ... More about Corporate trustee services.
Judge abuse appeal rejected The High Court has upheld a jail sentence imposed on a Maori protester who abused a judge. Te Ringa Mangu Nathan (Dun) Mihaka appealed against a 28-day jail sentence imposed by Judge John McDonald in Kaikohe District Court in February 2010 after he referred to one ... More about Abuse of Judge.
Interpretation of “spouses” in Adoption Act 1955 LawTalk asked Petra Butler, a senior lecturer at Victoria University Law School and an Associate Director of the New Zealand Centre for Public Law, to comment on a landmark judgment on the interpretation of “spouses” in the Adoption Act 1955. A M M ... More about Adoption Act and spouses: 2.
A High Court decision relating to charities could have implications for hundreds of organisations around New Zealand seeking charitable status under new charities laws, Bell Gully tax specialist John Bassett says. The decision had already resulted in further proceedings and there was conjecture that more cases in a similar vein ... More about Charities definition considered.
Court extends application of Adoption Act The High Court has handed down a landmark judgment in a case stated on how it is permissible to interpret the expression “spouses” in s 3 of the Adoption Act 1955. The Court ruled “spouses” could also mean a man and woman in a ... More about Adoption Act and spouses.
Appointing a law firm partner as executor One of the significant amendments made by the Wills Act 2007 is contained in s31 which provides: 1. This section applies when the High Court is satisfied that a will does not carry out the will-maker’s intentions because it – (a) contains a ... More about S31 Wills Act 2007.