Tarahau Farming Ltd v Shearing Services Kamupene Ltd (in liq)  [2023] NZSC 129

27 September 2023

Unsuccessful application by TFL for leave to appeal against a finding by the Court of Appeal (CA) that TFL had not been validly placed in voluntary administration under the Companies Act 1993.

Routhan v PGG Wrightson Real Estate Ltd  [2023] NZSC 127

22 September 2023

Partially successful application by the Rs for leave to appeal against the reassessment of damages by the CA. The High Court had previously awarded $1.69m to the Rs following a finding of negligent misstatement by PGGWREL of the production figures for a farm purchased by the Rs. The CA had revised the amount to $300,000.

The approved question was whether the CA was correct in varying the damages awarded.

Cancian v Tauranga City Council  [2023] NZSC 125

19 September 2023

Unsuccessful application by C for leave to appeal against dismissal of his appeal against conviction and sentence for carrying out building work that was not in accordance with a building consent.

Zhou v Commissioner of Police  [2023] NZSC 124

14 September 2023

Unsuccessful application by Z for leave to appeal against profit forfeiture orders in relation to $2.2m derived from synthetic cannabis offending. Z wished to raise a new argument on appeal that he was being made subject to a second penalty because he had also served a prison sentence.

G v Commissioner of Police  [2023] NZSC 123

14 September 2023

Unsuccessful application by G for leave to appeal against a CA finding that the CoP had a statutory obligation to determine that G was a returning prisoner. G had been deported from Australia after being released on parole following his conviction for drugs offending. On his return to NZ he had been made subject to standard release conditions under the Returning Offenders (Management and Information) Act 2015 (ROMIA). Before the CA's judgment had been issued, Parliament had passed the Returning Offenders (Management and Information) Amendment Act 2023 which expressly provided for retrospective application of ROMIA.

Re Slavich  [2023] NZSC 122

13 September 2023

Unsuccessful application by S for review of the refusal by the Registrar to accept S's memorandum for filing.

H v R  [2023] NZSC 120

08 September 2023

Unsuccessful application by H for leave to appeal against conviction for sexual offending against his young daughter. H claimed there had been a miscarriage of justice because his trial counsel had not fully advanced the agreed defence.

Truong v R  [2023] NZSC 119

04 September 2023

Unsuccessful application by T for leave to appeal against a refusal to discharge her without conviction for cultivation of cannabis and theft of electricity. T had pleaded guilty. Had appealed out of time against conviction and sentence on the grounds that she had not appreciated her risk of deportation at the time of her plea.

Mohamed v R  [2023] NZSC 117

04 September 2023

Unsuccessful application by M for leave to appeal against conviction for wounding with intent to cause grievous bodily harm. M argued that dismissal by the CA of his appeal raised issues about the obligations of trial counsel.