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Supreme Court of New Zealand - recent judgments: August 2022 (Westlaw NZ)

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A summary of decisions delivered in August 2022 by the Supreme Court, available on Westlaw NZ.

Little v New Zealand Law Society  [2022] NZSC 103

26 August 2022

Unsuccessful application by L for recall of a judgment that had dismissed his application for leave to appeal.

 

Mailley v Shaw  [2022] NZSC 100

25 August 2022

Unsuccessful application by M for recall of a judgment relating to security for costs.

 

Melco Property Holdings (NZ) 2012 Ltd v Hall  [2022] NZSC 101

24 August 2022

Judgment of Ellen France J regarding costs on MPHL's successful appeal against orders that a caveat over property owned by H should lapse. H had terminated a contract for sale on the basis that MPHL had not fulfilled a due diligence condition.

 

Mason v Triezenberg  [2022] NZSC 99

22 August 2022

Unsuccessful application by M for leave to appeal against a decision (a) removing him as a trustee for two family trusts and (b) refusing to remove T and another as the remaining trustees

 

Hall v R  [2022] NZSC 98

12 August 2022

Judgment of Ellen France J regarding the jurisdictional basis for the Court to hear H's appeal against conviction for murder. H had been convicted in 1986. Had unsuccessfully applied for leave to appeal to the Court of Appeal in 1987 but had not pursued a special appeal to the Privy Council (‘PC’) at that time. The right of appeal to the PC had been abolished by the Supreme Court Act 2003 (SCA). In 2022 H had appealed to the SC under the transitional provisions in the SCA (preserved in Schedule 5, Senior Courts Act 2016).

 

Nassery v R  [2022] NZSC 97

12 August 2022

Unsuccessful application by N for leave to appeal against a sentence of two years, six months' imprisonment for aggravated robbery, theft and receiving.

 

McLean v R  [2022] NZSC 96

12 August 2022

Unsuccessful application by M for leave to appeal against conviction for two charges each of indecent assault, doing an indecent act on a young person and sexual violation by unlawful sexual connection.

 

Cummins v Body Corporate 172108  [2022] NZSC 95

10 August 2022

Unsuccessful application by C for leave to appeal against the conditions imposed for him to join proceedings in the High Court (‘HC’). BC172108 had placed Manchester Securities Ltd (‘MSL’) in liquidation after MSL failed to pay levies and weathertightness repair contributions. C had sought to be joined on the basis that he had replaced MSL as trustee owner of an apartment. High Court and Court of Appeal had found that joinder would only be appropriate if C transferred the title to himself and paid the amounts owed by MSL.

 

Van Hemert v R  [2022] NZSC 94

03 August 2022

Successful application by H for leave to appeal against a resentencing decision that had imposed life imprisonment on him for murder.

 

Mailley v Shaw  [2022] NZSC 93

03 August 2022

Unsuccessful application by M for leave to appeal against refusal to recall a judgment that had dismissed his application to review a security for costs decision.

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