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Supreme Court of New Zealand - recent judgments: December 2021 (new Westlaw New Zealand)

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A summary of decisions delivered in December 2021 by the Supreme Court, available on Westlaw New Zealand.

Paterson v Lepionka & Company Investments Ltd [2021] NZSC 191

23 December 2021

Unsuccessful application by P for recall of the judgment dismissing his application for leave to appeal. Argued that the Court had (a) not addressed two issues before it and (b) made misstatements.

 

Mittal v R [2021] NZSC 190

23 December 2021

Unsuccessful application by M for leave to appeal against his conviction and sentence for doing an indecent act on a young person. Argued that his guilty plea should be set aside.

 

NZDSOS Inc v Minister for COVID-19 Response [2021] NZSC 189

22 December 2021

Unsuccessful application by MCR and others for costs of $2,500. NZDSOS and another had unsuccessfully applied for leave to bring an appeal directly from the High Court in relation to COVID-19 vaccine mandate orders.

 

H v Employment Relations Authority [2021] NZSC 188

21 December 2021

Unsuccessful application by H for leave to appeal against the striking out of his application for judicial review of Employment Relations Authority (ERA) and Employment Court decisions. Court of Appeal had found that it had no jurisdiction to review ERA decisions.

 

Ortmann v United States of America [2021] NZSC 187

21 December 2021

Unsuccessful application by O and others for leave to appeal against the Court of Appeal’s reconsideration of their judicial review appeals. Had claimed breach of natural justice in relation to decisions that found them eligible for extradition to the USA to face copyright charges.

 

Nottingham v Real Estate Agents Authority [2021] NZSC 186

21 December 2021

Unsuccessful application by N for leave to appeal against a finding that it was not appropriate to strike out a cross-appeal when security for costs had been paid and there was no prejudice to the other party.

 

Cowan v Cowan [2021] NZSC 185

20 December 2021

Successful application by CC for leave to appeal against a finding that there was no evidence her undertaking was of value. The undertaking as to damages was a condition of CC lodging a caveat against her father JC’s property.

 

Gill Pizza Ltd v Labour Inspector (Ministry of Business, Innovation and Employment) [2021] NZSC 184

21 December 2021

Unsucccessful appeal by GPL against a finding that the Employment Relations Authority had jurisdiction to determine a claim made by the LI on behalf of persons said to be employees. The employee status had been disputed by GPL.

 

Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd [2021] NZSC 183

15 December 2021

Successful application by MNZL for leave to appeal against a High Court decision that the Waitangi Tribunal had misinterpreted the resumption powers in s 8A and 8HB Treaty of Waitangi Act 1975.

 

Taua v Tahi Enterprises Ltd [2021] NZSC 182

15 December 2021

Partially successful appeal by T against orders for disclosure of names of iwi members who were over 18 when a joint venture agreement with TEL was entered into.

 

Mutsamwira v R [2021] NZSC 181

15 December 2021

Unsuccessful application by M for leave to appeal against his conviction for sexual violation by rape.

 

Mitchell v Police [2021] NZSC 180

14 December 2021

Successful application by M for leave to appeal against a finding that he could face multiple charges in respect of the same episode of driving. He had been charged with (a) driving contrary to a zero alcohol licence and (b) driving with excess breath alcohol.

 

Parklands Properties Ltd v Reynolds [2021] NZSC 179

13 December 2021

Unsuccessful application by PPL for leave to appeal a Court of Appeal decision which set aside orders that extinguished easements over PPL’s land.

 

Taylor v R [2021] NZSC 178

14 December 2021

Unsuccessful application by T for leave to appeal against his conviction for sexual offending against a child. Argued that there had been a miscarriage of justice in relation to trial procedure.

 

C v R [2021] NZSC 177

10 December 2021

Unsuccessful application by C for extension of time to apply for leave to appeal against conviction on three charges of assaulting her daughter. C was seeking to remove the conviction to remove an impediment to her working as a social worker

 

Johnson v R [2021] NZSC 176

10 December 2021

Unsuccessful application by J for leave to appeal against conviction and sentence for wounding with intent to cause grievous bodily harm. Argued that failures by trial counsel may have led to serious doubt about identification of J.

 

Taakimoeaka v Chief Executive of the Department of Corrections [2021] NZSC 175

10 December 2021

Unsuccessful application by T for leave to appeal against the imposition of an extended supervision order for a term of five years.

 

Judd v R [2021] NZSC 174

09 December 2021

Unsuccessful application by J for leave to appeal against conviction on two charges of engaging in sexual conduct with a 13 year old girl. Argued that a miscarriage occurred because his undiagnosed Asperger's Syndrome meant that he did not properly make an election about giving evidence and steps to alleviate stress were not taken.

 

Siemer v Auckland High Court [2021] NZSC 173

06 December 2021

Unsuccessful application by S for leave to appeal against striking out of his application for a writ of mandamus.

 

McIntosh v Chief Executive of the Department of Corrections [2021] NZSC 172

03 December 2021

Unsuccessful application by M for recall of the judgment declining his application for leave to appeal. Argued that his counsel's argument for leave to appeal had been misunderstood.

 

Paterson v Lepionka & Company Investments Ltd [2021] NZSC 171

03 December 2021

Unsuccessful application by P for leave to appeal against the striking out of his appeals in relation to malicious prosecution claims and bankruptcy.

 

Peters v Attorney-General [2021] NZSC 170

02 December 2021

Unsuccessful application by P for leave to appeal against dismissal of his claims for invasion of privacy.

 

Little v NZ Natural Therapy Ltd (in liq) [2021] NZSC 169

03 December 2021

Unsuccessful application by L for leave to appeal a costs award. Had unsuccessfully claimed that he should not have to pay a debt in full because the conduct of NZNTL's liquidators was disproportionate.

 

Kaye v Mckinnon [2021] NZSC 168

03 December 2021

Unsuccessful application by K for extension of time to apply for leave to appeal two Court of Appeal decisions in relation to recall of a 2016 judgment.

 

Iuliano v R [2021] NZSC 167

02 December 2021

Unsuccessful application by I for leave to appeal against conviction for sexual offences against a child.

 

F v R [2021] NZSC 166

02 December 2021

Unsuccessful application by F for recall of judgment that declined his application for an extension of time to appeal against conviction on charges of sexual offending against his wife.

 

Herlund v R [2021] NZSC 165

02 December 2021

Unsuccessful application by H for leave to appeal against a sentence of five years, two months' imprisonment for sexual offences against three young people.

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