Supreme Court of New Zealand - recent judgments: August 2024
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.