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Supreme Court of New Zealand - recent judgments: August 2024

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

Strange v Casey Farms Ltd  [2024] NZSC 107

30 August 2024

Unsuccessful application by S for (a) leave to appeal against refusal of an extension of time to appeal and (b) recusal of three judges. The proposed appeal was in relation to the sale of a farm by S's father.

 

Clark v Police  [2024] NZSC 106

28 August 2024

Unsuccessful application by C for (a) leave to appeal against refusal by the High Court to issue a writ of habeas corpus and (b) a stay of other District Court proceedings against him.

 

Trustees of the Motiti Rohe Moana Trust v Bay of Plenty Regional Council  [2024] NZSC 105

27 August 2024

Unsuccessful application by TTMRMT for leave to bring a leapfrog appeal in relation to proceedings that were seeking stronger protections for Māori rights and interests in freshwater.

 

McGuire v Central Standards Committee 3  [2024] NZSC 104

27 August 2024

Unsuccessful application by M for leave to bring a second appeal in relation to his unsuccessful application for judicial review.

 

Buchanan v Tasman District Council  [2024] NZSC 103

20 August 2024

Successful application by B and others for leave to appeal against a Court of Appeal (CA) decision.

The approved question was whether the CA was correct that there was no duty of care owed by TDC to B while making statements in relation to pool inspections under Fencing of Swimming Pools Act 1987.

 

Brown v R  [2024] NZSC 101

19 August 2024

Unsuccessful application by B for leave to appeal against conviction for murder of a two year old child. B wished to appeal on the grounds that the trial Judge had failed to give a reliability warning to the jury in relation to evidence from the victim's mother.

 

Carter v Capital and Coast District Health Board  [2024] NZSC 102

16 August 2024

Unsuccessful applications by C for (a) recall of a decision that had refused him leave to appeal and (b) recusal of the judges who had issued that judgment.

 

Body Corporate 207650 v Singh  [2024] NZSC 100

15 August 2024

Unsuccessful application by BC207650 for leave to appeal against a Court of Appeal decision that had lifted a stay on S’s proceeding. S had wished to challenge the levies raised by BC207650 in relation to a scheme of repair.

 

McQuade v Commissioner of Police  [2024] NZSC 99

13 August 2024

Unsuccessful application by M for leave to bring a second appeal in relation to an order allowing CoP to sell a vehicle that was subject to a restraining order.

 

Craig v Chief Executive of the Department of Corrections  [2024] NZSC 97

13 August 2024

Unsuccessful application by C for leave to appeal against a Court of Appeal decision regarding his application for a writ of habeas corpus.

 

Halse v Employment Court of New Zealand  [2024] NZSC 98

12 August 2024

Unsuccessful application by H for leave to appeal against a decision of the Court of Appeal which had stayed H's proceedings pending determination of his application for leave to bring them.

 

Bullock v R  [2024] NZSC 96

07 August 2024

Unsuccessful application by B for leave to appeal against conviction for sexual offending against two victims. B wished to challenge a finding by the Court of Appeal that he had been adequately advised about giving evidence at trial.

 

Banks v Farmer  [2024] NZSC 95

06 August 2024

Unsuccessful application by B for leave to appeal against dismissal of his claims against F and others for breaches of the Fair Trading Act 1986 and Companies Act 1993. B had invested in Mako Network Holdings Ltd (MNHL). F and others were directors of MNHL, which had subsequently been placed in receivership and liquidation. B had received nothing back from his investment.

 

Deliu v Harborow  [2024] NZSC 94

05 August 2024

Unsuccessful application by D for leave to appeal against a decision that allowed funds held in trust by the High Court to be used to satisfy costs orders made against him.

 

Whittington v Solicitor-General  [2024] NZSC 93

05 August 2024

Unsuccessful application by W for leave to appeal from the High Court against a decision that the S-G had not erred in refusing to order a coronial inquiry into the death of W's mother.

 

Pilgrim v Temple  [2024] NZSC 90

05 August 2024

Unsuccessful application by P and others for leave to appeal against a Court of Appeal decision that had granted leave to T and others to appeal against an Employment Court (EmpC) decision. The EmpC had found that P and others were employees when they worked at Gloriavale Community.

 

Tamati v R  [2024] NZSC 91

02 August 2024

Successful application by T for leave to appeal in relation to his conviction and sentence for sexual offending against a young person.

The approved questions were (a) whether trial counsel errors had caused a miscarriage of justice and (b) whether a reliability warning had been required.

 

Putua v Attorney-General  [2024] NZSC 92

01 August 2024

Successful application by P for leave to appeal against a Court of Appeal decision that had allowed an appeal by the A-G in relation to (a) arbitrary detention of P and (b) damages of $11,000. P had been detained in prison for an extra 33 days as a result of an error made in preparing his warrant of commitment.

The approved question was whether the CA had been correct to allow the appeal.

 

Ross v Kannemeyer  [2024] NZSC 89

01 August 2024

Unsuccessful application by R for leave to appeal against a refusal by the Court of Appeal of an extension of time to appeal. R had wished to appeal against a High Court decision that had (a) struck out his claims in relation to a Family Court decision and (b) awarded costs against him.

 

Hill v Te Whatu Ora: Te Whetu Tawera Mental Health Services Auckland  [2024] NZSC 88

01 August 2024

Unsuccessful application by H for leave to appeal against the striking out of his notice of appeal. H had wished to appeal against the striking out of his application for judicial review.

 

Body Corporate 207624 v Grimshaw & Co  [2024] NZSC 87

01 August 2024

Unsuccessful application by BC207624 for leave to appeal against a stay of execution granted to GC by the Court of Appeal in relation to damages and costs judgments.

 

McFarland v Commissioner of Police  [2024] NZSC 84

01 August 2024

Unsuccessful application by M for leave to appeal against a forfeiture order in relation to a property owned by a company associated with the Head Hunters motorcycle gang.

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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