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Supreme Court of New Zealand — recent judgments: February 2024

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A summary of decisions delivered in February 2024 by the Supreme Court, available on Westlaw New Zealand.

T v R  [2024] NZSC 19

27 February 2024

Unsuccessful application by T for leave to appeal against conviction for (a) doing an indecent act on a young person and (b) breaching a protection order. T wished to argue that the evidence supported his claim that he was suffering from sexsomnia.

 

Reihana v Foran  [2024] NZSC 17

22 February 2024

Unsuccessful application by R for leave to appeal against a refusal by the Registrar to grant a further extension of time to file an appeal to the Court of Appeal.

 

Memelink v Collins & May Law  [2024] NZSC 1623 February 2024

Unsuccessful application by M for recall of a judgment that had refused to extend the time for him to appeal against a bankruptcy order.

 

Tu v R  [2024] NZSC 15

23 February 2024

Unsuccessful application by T for leave to appeal against a sentence of life imprisonment for murder. T suffered from significant mental illness that fell short of insanity.

 

Sixtus v Ardern  [2024] NZSC 14

20 February 2024

Unsuccessful application by S for review of a Deputy Registrar's decision that had refused to waive a filing fee.

 

Kumar v Smartpay Ltd  [2024] NZSC 13

19 February 2024

Unsuccessful application by K for leave to appeal against a finding that he was liable to pay $850,427 to the liquidators of a company of which he had been director.

 

Cook v R  [2024] NZSC 12

19 February 2024

Successful application by C for leave to appeal against conviction for sexual offending.

The approved question was whether the Court of Appeal was correct to treat C's defence as insane automatism.

 

Tailor v Commissioner of Inland Revenue  [2024] NZSC 9

16 February 2024

Unsuccessful application by the Ts for leave to appeal against their bankruptcy adjudications following non-payment of their assessed tax liabilities.

 

McLaughlin v McLaughlin  [2024] NZSC 11

15 February 2024

Unsuccessful application by Mark McLaughlin (MM) for leave to appeal against dismissal of a claim against John McLaughlin (JM) for disgorgement of profits. JM had been trustee of a trust settled by his and MM's parents. JM had managed the subdivision of trust property through his company. The trustees had approved payment of a management fee to JM's company. MM had claimed breach of fiduciary duty by JM.

 

Peter T Rex LLC v NZME Publishing Ltd  [2024] NZSC 10

15 February 2024

Unsuccessful application by PTRL and two others for leave to appeal against a refusal to reinstate a non-publication order.

PTRL had obtained a pre-publication interim injunction, without notice, to restrain NZMEPL from publishing defamatory statements. Had also been granted a non-publication order preventing (a) identification of PTRL, Barbara T Rex LLC (BTRL) and the third applicant (AB) and (b) publication of the fact that the dispute involved dinosaur specimens and Tāmaki Paenga Hira Auckland War Memorial Museum.

The non-publication order was subsequently rescinded by the High Court. The Court of Appeal (a) allowed an appeal in relation to the identification of AB and (b) dismissed an appeal in relation to PTRL, BTRL and details of the dispute. PTRL was seeking to reinstate the original non-publication order.

 

Wallace v R  [2024] NZSC 8

09 February 2024

Unsuccessful application by W for leave to appeal against conviction for sexual violation, kidnapping and assault. W's proposed appeal related to rulings made by the trial Judge regarding unvaccinated potential jurors and an unvaccinated complainant.

 

Taylor v R  [2024] NZSC 7

09 February 2024

Unsuccessful application by T for leave to appeal against conviction for (a) sexual violation by rape, (b) sexual violation by unlawful sexual connection and (c) doing an indecent act on a young person.

 

Mills v Dalzell  [2024] NZSC 6

08 February 2024

Unsuccessful application by M and another for leave to appeal against a refusal to extend the time for them to (a) file their appeal and (b) pay security for costs.

 

Smith v Fonterra Co-operative Group Ltd  [2024] NZSC 5

07 February 2024

Successful appeal by S against a Court of Appeal (CA) decision that had struck out his claims in tort seeking relief against several large NZ corporations he alleged were causing or contributing to climate change.

S was an elder of Ngāpuhi and Ngāti Kahu. Had customary interests in land and other resources that were vulnerable to climate change. The causes of action raised by S were (a) public nuisance, (b) negligence and (c) breach of a duty to cease materially contributing to damage to the climate system and the adverse effects of climate change.

The CA had struck out all three causes of action, finding each claim untenable on the grounds that private tort proceedings were not an appropriate mechanism for addressing climate change and a sophisticated regulatory response was required.

 

Boyd v Australian Federal Police  [2024] NZSC 4

07 February 2024

Unsuccessful application by B for leave to appeal against (a) refusal to appoint an amicus curiae for his appeal to the Court of Appeal and (b) refusal of a six month stay of his appeal.

 

Adamson v Robinson  [2024] NZSC 3

05 February 2024

Unsuccessful application by A for leave to appeal against a Court of Appeal decision that had declined to review a Deputy Registrar's decision not to extend the time to apply to dispense with security for costs.

 

Liai v R  [2024] NZSC 2

01 February 2024

Unsuccessful application by L for an extension of time to apply for leave to appeal against his sentences for sexual offending.

 

Siemer v Attorney-General  [2024] NZSC 1

30 January 2024

Unsuccessful application by S for recall of a judgment that had upheld a decision of the Registrar regarding a filing fee in relation to S’s application for leave to appeal against a decision on security for costs.

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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