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Supreme Court of New Zealand - recent judgments: December 2023

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A summary of decisions delivered in December 2023 by the Supreme Court, available on Westlaw New Zealand.

Kaitai v R  [2023] NZSC 169

22 December 2023

Successful application by K for leave to appeal against conviction for murder.

The approved question was whether the Court of Appeal was correct to dismiss K's appeal based on defences of (a) accident, (b) involuntariness and (c) lack of intent.

 

Re Zhong  [2023] NZSC 168

20 December 2023

Unsuccessful application by Z and another for review of a Deputy Registrar's refusal to waive a filing fee.

 

H v R  [2023] NZSC 166

20 December 2023

Unsuccessful application by H for leave to appeal against his conviction for indecent assault, sexual violation and rape of a young person under 16.

 

Nottingham v Attorney-General  [2023] NZSC 167

18 December 2023

Unsuccessful application by N and another for leave to appeal against a costs decision.

 

Siemer v Attorney-General  [2023] NZSC 165

12 December 2023

Unsuccessful application by S for review of a decision by the Deputy Registrar not to dispense with security for costs in relation to S's application for leave to appeal.

 

W v R,  Hoggart v R  [2023] NZSC 164

12 December 2023

Partially successful applications by W (SC 60/2023) and H (SC 77/2023) for leave to appeal against their convictions for aggravated robbery and murder.

The approved questions were whether the Court of Appeal was correct to conclude that (a) a media take down order was not required and (b) the verdicts were not unreasonable in light of admissible evidence relating to potential culpability of a third person who had subsequently died.

 

Delamere v Liu  [2023] NZSC 163

08 December 2023

Unsuccessful application by D for leave to appeal against a finding that he was liable to L for breach of contract.

 

Jones v New Zealand Bloodstock Finance and Leasing Ltd  [2023] NZSC 158

08 December 2023

Unsuccessful second application by J for recall of a judgment that had refused him leave to appeal.

 

Nevin v R  [2023] NZSC 161

07 December 2023

Unsuccessful application by N for leave to appeal against (a) conviction for sexual offending against a young person and (b) his sentence of six years and six months' imprisonment.

 

Nevin v R  [2023] NZSC 160

07 December 2023

Unsuccessful application by N for leave to appeal against refusal of permanent name suppression following his conviction for sexual offending against a young person.

 

Burden v ESR Group (NZ) Ltd  [2023] NZSC 159

07 December 2023

Successful application by B for leave to appeal against a Court of Appeal (CA) interpretation of s 9(1) Copyright Act 1994.

The approved questions were whether the CA was correct to conclude that (a) a copyright holder's consent was not necessary for a work to be ‘in circulation’ and (b) circulation outside of NZ could constitute ‘circulation’.

 

He v Bank of New Zealand  [2023] NZSC 162

06 December 2023

Unsuccessful application by H for leave to appeal against entry of summary judgment against him in relation to a mortgagee sale.

 

Shiraz Holiday Ltd v Body Corporate 406198  [2023] NZSC 157

05 December 2023

Unsuccessful application by SHL for leave to appeal against a finding that an exclusive letting and rental contribution provision in a management agreement was unlawful.

Jane Dawson
By Jane Dawson

Jane Dawson is a Senior Cases Editor in the New Zealand Primary Law team at Thomson Reuters. She completed a LLB at Victoria University in 2018 and also holds degrees in music from Otago University.

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