Human Rights – Bill of Rights Ministry of Health v Atkinson and Ors – CA 205-2011 – 14 May 2012 – O’Regan P, Glazebrook, Ellen France, Harrison and White JJ Unsuccessful appeal from decision of HC upholding decision of the Human Rights Tribunal – background - current policy of the Ministry of Health (the Ministry) excluded ... More about Ministry of Health v Atkinson.
Torts Diver v Loktronic Industries Ltd and Ors - CA 258-2011 – Hingston v Loktronic Industries Ltd and Ors – CA 259-2011 - Bowyer v Loktronic Industries Ltd and Ors – CA 260-2011 - Arnold, Ellen France and Stevens JJ – CA 258-2011 – 4 April 2012 Successful appeal against findings of liability on various ... More about Diver v Loktronic Industries.
Building law McNamara v Auckland City Council – SC 85-2010 - Elias CJ; Blanchard, Tipping, McGrath and William Young JJ – 9 May 2012 Unsuccessful appeal against judgment striking out appellant’s claim for summary judgment against Auckland City Council and entering summary judgment in favour of Council – leaky building case arising out of ... More about McNamara v Auckland City Council.
Accident compensation Allenby v H and Middlemore Hospital of Counties Manakau District Health Board – Elias CJ; Blanchard, Tipping, McGrath and William Young JJ – SC 70-2011 – 9 May 2012 Successful appeal on question of law - whether a woman who became pregnant following a failed sterilisation had suffered personal injury caused by medical ... More about Allenby v H.
Sentence Tuau v R – CA 322-2011 – Randerson, Keane and Lang JJ – 17 April 2012 Successful appeal against sentence of 5.5 years’ imprisonment imposed for wounding father, with intent to cause him grievous bodily harm – appellant rendered father unconscious by blows to the head, then stabbed him in the left eye with a 27 cm ... More about Tuau v R.
Criminal law Myles v R – CA 648-2011 – Randerson, Keane and Lang JJ – 5 April 2012 Unsuccessful appeal against conviction on charge of wilfully attempting to obstruct the course of justice – charge laid as a result of events arising during investigation of appellant’s activities by the Serious Fraud Office – appellant’ created entries ... More about Myles v R.
Civil procedure Visini v Cadman and Cadman – CA 400-2011 – Harrison, White and Asher JJ – 29 March 2012 Unsuccessful appeal against dismissal of application to strike out proceedings – whether a party sued in negligence for breaching a duty of care by two or three registered owners of a residential property, held in trust, ... More about Visini v Cadman.
Civil procedure Riddiford and Riddiford v AG – 28 March 2012 – Arnold, Randerson and Stevens JJ - CA 48-2010 Successful appeal against an order for costs made against appellants in the Land Valuation Tribunal – Tribunal awarded costs of $100,000 in favour of the Crown, comprising $30,000 by way of legal costs (against actual legal costs ... More about Riddiford and Riddiford v AG.
Criminal procedure Fan v R – CA 372-2011 – Sun v R – CA 373-2011 - 28 March 2012 – Harrison, Miller and Asher JJ Unsuccessful appeal against pre-trial ruling declining to order that appellants’ incriminating statements to police were inadmissible at appellants’ trial on pseudoephedrine (Class B drug) charges – whether statements should have been excluded ... More about Fan v R .
Manukau Golf Club Inc v Shoye Venture Ltd – CA 747-2011 – 19 April 2012 – Harrison, White and Asher JJ Successful appeal against entry of summary judgment on defendant’s application - summary judgment granted on the basis of affirmative defence that had not been pleaded – appellant had initiated proceedings against respondent for breaches ... More about Manukau Golf Club Inc v Shoye Venture Ltd.
Criminal procedure M v R – CA 819-2011 – 5 April 2012 – Randerson, Keane and Lang JJ Unsuccessful appeal against order requiring appellant to be detained as a special patient under s24(2)(a) Criminal Procedure (Mentally Impaired Persons) Act 2003 (the Act) – in July 2011, appellant was found not guilty by reason of insanity on a ... More about M v R.
Company receivership – Goods and Services Tax Simpson and Downes as Receivers of Capital and Merchant v Commissioner of Inland Revenue – CA 361-2011 – 30 March 2012 – Arnold, Ellen France and White JJ Successful appeal against HC judgment giving a direction that receivers of Capital + Merchant Investments Ltd (in receivership) (CMI) were “ ... More about Simpson v Commissioner of Inland Revenue.
Law practitioners Fletcher v Eden Refuge Trust et Ors – 30 March 2012 – CA 212-2010 – Harrison, Wild and White JJ Law practitioners - unsuccessful appeal against finding appellant had dishonestly assisted H to misappropriate funds of the Peoples Worship in Freedom Mission trust (PWFM trust), when he was acting as lawyer for both ... More about Fletcher v Eden Refuge Trust.
Company law Stillwell (First Appellant) and Swan (Second Appellant) v Ice Group (NZ) Ltd (First Respondent), Thomson (Second Respondent), New Zealand Data Ltd (Third Respondent) and Network Cabling Solutions Ltd (Fourth Respondent) Successful appeal from HC decision rejecting appellants claim that the affairs of the 1st respondent, a company in ... More about Stilwell v Ice Group.
The Financial Markets Authority v Hotchin (HC Auckland, CIV2010-404-8082, 21 February 2012, Winkelmann J) is the latest decision in the battle over freezing orders in the Hotchin litigation. Mr Hotchin is under investigation for suspected breaches of the Securities Act 1978. Pursuant to ss60H and 60G of the Act, the ... More about Freezing orders, the FMA and what it might mean for trusts: FMA v Hotchin.
When buying land, information can come to the buyers through many sources. Vendors, real estate agents, local authorities, lawyers and other professional advisors may have all provided information which has influenced the purchase decision. If an error infects some of that information, but the same infected information gets to the ... More about Misrepresentation and multiple wrong-doers: Marlborough DC v Altimarloch.
Kerr v R – CA 628-2011 – 29 March 2012 – O’Regan P; MacKenzie and Asher JJ Unsuccessful appeal against conviction on one count of supplying equipment or material capable of being used to cultivate cannabis (Class C drug), knowing that it was to be so used - whether the term “knowing” in s12 ... More about Kerr v R.
Bill of Rights Forrest v A-G – CA 785-2010 – 2 April 2012 – Chambers, Arnold, and Ellen France JJ Successful appeal against finding that strip search, conducted whilst appellant was a prisoner at Christchurch Prison, was lawful and had not breached s21 New Zealand Bill of Rights Act 1990 (NZBORA) - appellant was serving a ... More about Forrest v A-G.
Resource management Down v R – SC 48-2011 – Elias CJ, Blanchard, McGrath, William Young and Gault JJ – 3 April 2012 Unsuccessful appeal against conviction on charges laid pursuant to the Resource Management Act 1999 (RMA) - appellant managed a company which operated a scrap metal recycling business at two yards in Auckland - following ... More about Down v R.
Evidence Hetherington v R – CA 39-2012 – 12 March 2012 – Harrison, Priestley and Allan JJ Unsuccessful appeal against decision of DCJ ruling that evidence of appellants two previous convictions for indecency offending against girls was admissible at his forthcoming trial on a range of sexual offences including rape – Evidence Act 2006 s43 and SC ... More about Hetherington v R.
Evidence Galway v R – CA 711-2011 – 16 March 2012 – Arnold, Potter and Simon France JJ Unsuccessful appeal against ruling that certain evidence, located during a search authorised by a warrant issued under s111 Biosecurity Act 1993 (the Act), was admissible at appellant’s trial for alleged offending under the Act – appellant, a sharemilker, ... More about Galway v R.
Creditors remedies – relationship property SM v ASB Bank – CA 690-2011 – 21 March 2012 – Arnold, Randerson and Stevens JJ Creditors remedies – relationship property – unsuccessful appeal – successful cross appeal – essential question on appeal was whether a registered mortgage held by respondent bank (ASB) over residential property had priority over an interim occupation order subsequently ... More about SM v ASB Bank.
Goods and services tax (GST) Commissioner of Inland Revenue v Stiassny and Others – 15 March 2012 – Glazebrook, Randerson and Harrison JJ – CA 775-2010 Successful appeal - whether HC was right to decline to strike out respondents’ claim to recover from appellant CIR a GST payment of $127.5M paid to him following a ... More about Commissioner of Inland Revenue v Stiassny and Others.
Civil procedure Du v Gu – SC 127-2011 – 6 March 2012 – Elias CJ; McGrath and William Young JJ Unsuccessful application for leave to appeal to SC – application was concerned with whether applicant, a real estate agent, was in breach of the Real Estate Agents Act 1976 by entering into a joint venture contract with ... More about Du v Gu.
Statutory Interpretation Fonterra Co-operative Group Ltd v The Grate Kiwi Cheese Company Ltd – 15 March 2012 – Elias CJ; Blanchard; Tipping; McGrath and William Young JJ Unsuccessful appeal from CA decision finding respondent cheese companies were “independent processors” as defined in Dairy Industry Restructuring Act 2001 – issue on appeal was whether appellant, Fonterra, was ... More about Fonterra v The Grate Kiwi Cheese Company.
Contractual remedies – tort Marlborough District Council v Altimarloch Joint Venture Ltd and Ors – SC 33-2010 – Vining Realty Group Ltd v Altimarloch Joint Venture Ltd and Ors – SC 40-2010 – Wicks v Altimarloch Joint Venture Ltd and Ors – SC 41-2010 – 5 March 2012 – Elias CJ; Blanchard; Tipping; McGrath and Anderson JJ Contractual remedies – tort ... More about Marlborough District Council v Altimarloch Joint Venture.
Property law Marac Finance Ltd and Downey and Isaac and Greer v Equitable Property Holdings Ltd – 1 March 2012 – O’Regan P; Chambers and Stevens JJ Unsuccessful appeal against decision declining summary judgment – Petherick Properties Ltd (in liq) owned two commercial properties in central Wellington – 2nd respondent held registered mortgages over properties ... More about Marac Finance v Equitable Property Holdings.
Contract – vendor and purchase Purewal BS and JK Ltd v Connell Street Ltd – CA 49-2011 – 28 February 2012 – O’Regan P; Chambers and Stevens JJ Unsuccessful appeal against HC decision in which HCJ held respondent, as vendor, was entitled to damages from appellant, as purchaser, following cancellation of agreement of sale and ... More about Purewal BS and JK v Connell Street.
Accident compensation KSB v Accident Compensation Corporation – 12 March 2012 – CA 793-2010 – Glazebrook, Arnold and Ellen France JJ Successful appeal to Court of Appeal overturning decision of HC – HCJ had upheld decision of Accident Compensation Corporation (ACC) declining appellant compensation for mental injury which she suffered after she learnt that her partner, ... More about KSB v Accident Compensation Corporation .
Contract Love et Ors v Auburn Apartments Ltd (in receivership and in liquidation) – 22 February 2012 – Ellen France, Stevens and Wild JJ – CA 170-2011 Successful appeal against HC judgment finding that agreement for sale and purchase of apartment was enforceable against appellant purchasers – issue on appeal was whether judgment of HCJ correctly ... More about Love et Ors v Auburn Apartments.
Summary judgment – contract Atrium Management Ltd v Quayside Trustee Ltd (in receivership and in Liquidation) – CA 316-2011 – 21 February 2012 – Arnold, Harrison and Fogarty JJ Successful appeal against decision dismissing appellant’s application for summary judgment – respondent developed a residential apartment and retail complex – appellant agreed to purchase a unit in the ... More about Atrium Management v Quayside Trustee.
Criminal procedure In re Proceedings to extradite Kim Dotcom and Others – CRI-2012-404-19 – Brewer J – 29 February 2012 Unsuccessful Crown appeal against grant of bail – respondent Mr Dotcom had been arrested by police pursuant to provisional arrest warrant issued by DCJ pursuant to s20 Extradition Act 1999 - the United States of ... More about Proceedings to extradite Kim Dotcom and Others.
Building law Scandle v Far North District Council – CA 619-2010 – Chambers, Ronald Young and Andrews JJ – 1 March 2012 Unsuccessful appeal against HC decision finding in favour of the Far North District Council in proceedings in which appellant sued Council for negligence – alleged negligence related to the defective construction of a holiday ... More about Scandle v Far North District Council.
Habeas corpus Misiuk v A-G – CA 846-2011 – Glazebrook, Wild and White JJ – 17 February 2012 Unsuccessful appeal against dismissal of appellant’s sixth application for writ of habeas corpus – appellant was serving sentence of 4 years imprisonment following conviction for burglary – appellant had in the past challenged incarceration under warrant by way of ... More about Misiuk v A-G.
Company liquidation Wilson v Blanchett and Anor – SC 7-2012 – 24 February 2012 – Elias CJ; Blanchard and Tipping JJ Unsuccessful application for leave to appeal to SC against decision of CA upholding entry of summary judgment against applicant – applicant had received substantial payments from company (now in liquidation) which was under the control ... More about Wilson v Blanchett.
Income tax Jacobs v Commissioner of Inland Revenue – 22 February 2012 – Arnold, Randerson and Stevens JJ – CA 771-2011 Unsuccessful purported appeal against HC decision rejecting appeal against decision of Taxation Review Authority – appellant owed substantial arrears of income tax to the respondent Commissioner – following a meeting with Inland Revenue officials in 27 Nov 2009 ... More about Jacobs v Commissioner of Inland Revenue.
Employment law Service and Food Workers Union Nga Ringa Tota v Cerebos Gregg’s Ltd – CA 562-2011 – 21 February 2012 – O’Regan P; Harrison and Wild JJ Successful appeal from decision of EC concluding that “additional one week of annual holiday” provided for in collective employment agreement, ceased to be an enhanced ... More about Service and Food Workers Union v Cerebos Gregg’s.
Civil procedure – Administrative law Orlov v New Zealand Law Society and Ors – 15 February 2012 – Glazebrook, Arnold and Wild JJ – CA 32-2012 Unsuccessful appeal against directions consequent upon case management conference – appeal focused on direction severing appellant’s judicial review claim from causes of action alleging breach of rights guaranteed under the ... More about Orlov v New Zealand Law Society and Ors.
Summary judgment E & E Developments Ltd v Housing New Zealand Ltd and Anor – 9 February 2012 – CA 820-2010 – Chambers, Ronald Young and Andrews JJ Successful appeal against summary judgment granted on defendant’s application – in May 2002 appellant and Housing New Zealand Ltd (HNZ), the first respondent, entered into an agreement under ... More about E & E Developments Ltd v Housing NZ.
Civil procedure Hart v The Standards Committee (No 1) of the New Zealand Law Society – 13 February 2012 – SC [2012] NZSC 4 – Elias CJ, Blanchard, and William Young JJ Unsuccessful application for leave to appeal to SC from decision of CA – CA had dismissed an appeal against HC decision refusing applicant name suppression – applicant faced ... More about Hart v The Standards Committee.
Criminal law Kendall v R – CA 572-2011 – 8 February 2012 – Chambers, Chisholm and Potter JJ Successful appeal against conviction on 2 counts of perjury – appellant and M had formed a relationship in early 2005 – appellant was a businessman with a myriad of companies and later, in 2005, he transferred one of his companies, Home Pride ... More about Kendall v R.
Two High Court decisions of importance to probate administration practice were delivered by Justice MacKenzie in December 2011. John Earles, Registrar/Specialist Advisor in the High Court, Wellington, summarises these decisions. Re Cornelius The decision in re Cornelius (HC Timaru CIV 2011-476-542, 20 December 2011) is of some importance because it clarifies ... More about Two important High Court decisions for probate administration practice.
Civil Procedure Lock (NZ) Ltd v New Zealand Bloodstock Leasing Ltd and New Zealand Bloodstock Finance Ltd and New Zealand Bloodstock Progeny Ltd and Anor – 20 December 2011 – CA 563-2011 – O’Regan P; Chambers and Harrison JJ Successful appeal against costs judgment – appeal raised one discrete but important point of principle: in ... More about Lock v New Zealand Bloodstock.
Company Law Haylock and Ors v Shell Exploration NZ Ltd – 21 December 2011 – Arnold, Randerson and Harrison JJ – CA 247-2008 – CA 591-2008 Unsuccessful appeal and cross-appeal in relation to matter concerning alleged insider trading – in 1995 Southern Petroleum No Liability (Southern) was a publicly listed company engaged in the oil and gas industry, ... More about Haylock and Ors v Shell Exploration NZ.
Criminal Law R v M – CA 689-2011 – O’Regan P; Wild and Heath JJ – 20 December 2011 Successful appeal against decision discharging appellant, pursuant to s347 Crimes Act 1961 – respondent was charged with sexually violating complainant, his cousin, on the night of 5-6 July 2009 – at the time respondent was aged 14 years 8 months old ... More about R v M.
Tort - Contract Glenmorgan Farm Ltd (in receivership and in liquidation) v New Zealand Bloodstock Leasing Ltd and New Zealand Bloodstock Finance Ltd and New Zealand Bloodstock Progeny Ltd – 20 December 2011 – O’Regan P; Chambers and Harrison JJ – CA 774-2010 – [2011] NZCA 672 Unsuccessful appeal against decision dismissing claim respondents had committed ... More about Glenmorgan Farm v New Zealand Bloodstock.
Tax – assessments by CIR – whether judicial review possible Tannadyce Investments Limited v Commissioner of Inland Revenue [2011] NZSC 158 Tannadyce appeals against Court of Appeal judgment striking out, as an abuse of process, proceeding seeking judicial review of assessments of its liability to income tax made by the Commissioner of Inland Revenue – & ... More about Cases of note: 16 - 22 December.
Bankruptcy – Trusts – Gifting – setting aside transactions - fraud Taylor v Official Assignee [2011] NZCA 630 In 2000 the CRI and BC Taylor Family Trust was set up – the trustees were Mr and Mrs Taylor and Fortune Manning’s trustee company - the first asset transferred to the trust was the Taylor’s family ... More about Cases of note: 9 - 15 December.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 - rule 13 The Financial Markets Authority v Hotchin & Ors (High Court, Auckland, CIV-2010-404-8082, 1 December 2011, Winkelmann J) Mr Hotchin sought confirmation that Chapman Tripp could continue to act for him – this was in substance, an application that ... More about Cases of Note: 2 - 8 December.
Tenancy agreements - rights to occupy – motel complex - Residential Tenancies Act 1986 Whitley v Stewart St Properties Ltd & Ors (High Court, Auckland, CIV-2011-404-6621, 25 November 2011, Brewer J) Operation of a restaurant and motel complex called the Ramarama Country Inn – first respondent owns the complex and the second respondent ... More about Cases of note: 25 November - 1 December.
Real Estate Agency Agreement – sections 63 and 64 of the Real Estate Agents Act 1976 – Joint Venture Gu v Du [2011] NZCA 577 Appeal against judgment dealing with a property dispute – dispute concerns a property in Albany of which Ms Gu is the registered proprietor – Mr Du and Ms Gu were parties to an ... More about Cases of note: 18 - 24 November.
Gambling Act 2003 – Breach – Pokie Machines – Judicial Review The Trillian Trust v The Secretary for Internal Affairs (High Court, Wellington, CIV 2010-485-2411, 14 November 2011, France J) Gambling Act 2003 (“the Act”) regulates the conduct of gambling in New Zealand – Trillian Trust is licensed under the Act to operate pokie machines – there are ... More about Case of Note: 11 - 17 November.
Appeal against lead sentence and against the imposition of the minimum period of imprisonment Davies v R [2011] NZCA 546 Appeal against lead sentence of ten years imprisonment for sexual violation and against the minimum period of imprisonment of five years – offending historic in nature and spanned 10 year period – lead sentence – the ... More about Cases of Note: 4 - 10 November.
Appeal against sentence – Securities Act 1978 – distributing offer documents containing untrue statements Doolan v R and Moses v R [2011] NZCA 542 Appeal against sentences of imprisonment – convicted on five counts under section 58 of the Securities Act 1978 of distributing documents of various kinds containing untrue statements – the documents had been issued by the ... More about Case of Note: 28 October - 3 November.
Criminal Appeal Churchward v R [2011] NZCA 531 Application for extension of time to appeal against conviction and sentence – granted – death of 78 year old pensioner Mr Rowe – appeal against conviction – grounds of appeal: Judge erred by not directing on the relevance of youth to the question on intent failed – breach of section 39 ... More about Cases of Note: 21 - 27 October.
Liquidation Ian Russell Lock and John Sheahan as liquidators of Ex Ced Foods (in receivership and liquidation) v Lawrence & Anor (High Court, Auckland, CIV-2011-404-4002, 14 October 2011, Peters J) Respondents are the company’s former Managing Director and Finance Manager and Company Secretary – the respondents have lodged ... More about Cases of Note: 14 - 20 October.
Partnerships Clark v Libra Developments Ltd & Ors and Hyslop [2011] NZCA 493 Appeal - long running litigation between the parties who were formerly in partnership as property developers – issue relates to three projects in which the partnership was engaged or which were in prospect prior to dissolution – (a) refurbishment of Cargill ... More about Cases of Note: 7-13 October 2011 .
Leave to appeal Otehei Bay Holdings Limited & Anor v Fullers Bay of Islands Limited & Ors [2011] NZSC 118 Application for leave to appeal granted – approved grounds of appeal are: was the lease at Otehei Bay brought within the jurisdiction of the Reserves and Domains Act 1953 upon the Crown’s acquisition ... More about Cases of Note: 30 September-6 October.
Employment Law Mitchell v Blue Star Print Group (NZ) Limited [2011] NZSC 111 – unsuccessful application for leave to appeal - personal grievance - costs – Mr Mitchell brought a personal grievance claim against his former employer, Bluestar, claiming for lost wages plus $100,000 for hurt and humiliation and $400,000 for exemplary damages – Employment Relations Authority ... More about Cases of Note: 23-29 September.
Criminal law - right jury trial Signer & Ors v R [2011] NZSC 109 Appeal allowed by consent for orders that trial by judge alone made in High Court and affirmed in Court of Appeal be set aside – change of circumstances undermined conclusion of High Court and Court of Appeal in application ... More about Cases of Note: 15-22 September.
The Supreme Court’s decision in Penny and Hooper v CIR [2011] NZSC 95 has been widely discussed, no doubt because the arrangement attacked by the Commissioner is a very common one. Many practitioners will have clients who are concerned about the implications of the decision for their own businesses. In order ... More about Keep a steady focus on what BG 1 says: Penny & Hooper v CIR.
A civil defendant who was, unknown to him, unrepresented at trial after the lawyer on record had not properly withdrawn may have suffered a “serious injustice”, the Court of Appeal has said. In Kim v Yee [2011] NZCA 256 (3 June 2011), the court found that the lawyer on record hadn’t withdrawn in ... More about Unrepresented defendant suffers serious injustice.
The Court of Appeal has considered whether the Supreme Court decision in Hessell v R [2011] 1 NZLR 607, [2010] NZSC 135 impacts on the Court of Appeal judgment in R v AM [2010] 2 NZLR 750, [2010] NZCA 114 which set guidelines for sentencing for sexual offences, and for guideline judgments in general. In R v Clifford [2011] NZCA 360 (3 August 2011), ... More about Court of Appeal reconsiders sentencing guideline judgments.
The Office of the Privacy Commissioner has said indefinite retention of personal information by a company specialising in screening prospective employees is incompatible with one of the principles of the Privacy Act 1993. A Case Note released by the Commissioner in July 2011 provides information on a complaint by a man who ... More about Indefinite retention of pre-employment information not allowed.
The Court of Appeal has decided that the High Court has jurisdiction to order partial forfeiture to the Crown of a property that is held in one title after a finding that it is an instrument of crime. In Elliot v R [2011] NZCA 386 (11 August 2011), the Court of Appeal allowed an ... More about Partial forfeiture of instrument of crime property upheld.
The Supreme Court has dismissed an appeal by Westpac New Zealand Ltd from a Court of Appeal decision which had held the bank liable for breach of mandate. In Westpac New Zealand Ltd v MAP & Associates Ltd [2011] NZSC 89 (16 August 2011), Westpac had declined to pay monies standing to the credit ... More about Supreme Court dismisses breach of mandate appeal.
The Supreme Court has dismissed an appeal by two orthopaedic surgeons against a Court of Appeal majority decision which found the incorporation of the surgeons' practices and payment of salaries at artificially low levels was tax avoidance which was more than a merely incidental purpose or effect of the arrangements. ... More about Supreme Court dismisses anti-tax avoidance provision appeal.
A United States in-house lawyer has been acquitted of criminal charges following a prosecution the trial judge described as raising “serious implications for the practice of law”. These “serious implications” related to prosecuting a lawyer who was carrying out her duty and to the prosecution being given access to privileged ... More about In-house lawyer cleared of crime.
All practitioners would benefit from reading a Supreme Court judgment which summarises the important decisions and events since the creation of New Zealand’s distinctive Treaty jurisdiction in 1975 that now plays such an important role in our nation’s development. Whether a court or a tribunal grants an urgent ... More about Haronga summarises Treaty jurisprudence.
The following summary information lists cases in which New Zealand courts delivered judgment during July 2011. Cases which establish or consider important principles are included. The list is selective and not comprehensive. Information has been prepared by staff of the New Zealand Law Society Library. Accident Compensation McGrath v Accident Compensation ... More about Cases of Note: July 2011.
High Court Justice Duffy has stated that the public would expect lawyers to prepare “precise, clear undertakings” that expressed their intent. The public would also expect lawyers to honour their undertakings, rather than disputing their meaning, and would not expect that lawyers could later avoid honouring them by arguing they ... More about High Court examines lawyers’ undertakings requirements.
The following summary information lists cases in which New Zealand courts delivered judgment during May 2011. Cases which establish or consider important principles are included. The list is selective and not comprehensive. Information has been prepared by staff of the New Zealand Law Society Library. Body corporate rules Wu v Body ... More about Cases of Note: May 2011.
The following summary information lists cases in which New Zealand courts delivered judgment during April 2011. Cases which establish or consider important principles are included. The list is selective and not comprehensive. Information has been prepared by staff of the New Zealand Law Society Library. Appeal – jury verdict unreasonable Down v ... More about Cases of Note: April 2011.
The following summary information lists cases in which New Zealand courts delivered judgment during March 2011. Cases which establish or consider important principles are included. The list is selective and not comprehensive. Information has been prepared by staff of the New Zealand Law Society Library. Application for leave to Appeal - ... More about Cases of Note: March 2011.
The following summary information lists cases in which New Zealand courts delivered judgment during February 2011 (plus one case decided in January). Cases which establish or consider important principles are included. The list is selective and not comprehensive. Information has been prepared by staff of the New Zealand Law Society Library. ... More about Cases of Note: February 2011.
The United States Supreme Court has ruled in favour of consumer contracts that prohibit class actions. In a decision published on 27 April 2011, the court ruled in a 5-4 decision that businesses may use standard-form contracts to prevent consumers claiming fraud from banding together in a single arbitration. A California couple ... More about US Supreme Court rules that consumer contracts can prohibit class actions.
Bringing a counterclaim for costs against counsel to a party in an ongoing proceeding “strikes at the heart of justice” according to Auckland District Court Judge Mary-Elizabeth Sharp. To allow such a claim would make litigation impossible to conclude as “all counsel conducting litigation would be liable to become the ... More about Cost counterclaim attack on bar’s independence.
The Wanganui District Council acted unlawfully by enacting a bylaw banning the display of gang insignia in “substantively” all public places in the Wanganui District, according to a recent High Court decision. In Phillip Schubert v Wanganui District Council (HC Wanganui CIV-2010-483-321 3 March 2011), Justice Clifford found ... More about Bylaw unjustified limitation on right of freedom of expression.
A new guideline on guilty plea discounts is now in operation, following a Court of Appeal judgment delivered on 2 October. The judgment, in R v Hessell [2009] NZCA 450, deals firstly with the guilty pleas guideline, then with Hessell’s appeal against sentence for nine offences of sexual conduct with two girls, ... More about Guilty pleas guidelines set.
GST case highlights importance of terms of engagement for client expenses The Canadian Federal Court of Appeal's recent decision in Canada v Merchant Law Group [2010] FCA 206 highlights an issue of which New Zealand solicitors should be aware. This is the correct GST treatment of expenses that are paid by ... More about Client expenses.
Courts should hesitate before automatically concluding that lawyers involved in events leading up to proceedings lacked independence or objectivity, the High Court has said. HMI Technologies Ltd v Signopsys Electronic Signs (High Court, Auckland, Justice Asher, 10 July 2009, CIV 2009-404-1520) involved proceedings by Signopsys in the District Court claiming that ... More about Counsel litigation independence.
Lawyers dealing with property relationship agreements do not have a duty of care to opposing parties to ensure that agreements comply with the Property (Relationships) Act 1976 by providing s21F certificates, the High Court has held. In Radisich v Templeton & Ors (High Court, Auckland, Justice Randerson, 29 May 2009, CIV 2008-404 ... More about PRA agreements and duty of care.
Land Transfer Act 1952 indefeasibility provisions The indefeasibility provisions of the Land Transfer Act 1952 have been considered by the Supreme Court in a negligence claim against a solicitor. In Westpac New Zealand Ltd v Clark (Supreme Court, 3 July 2009, SC 67/2008) the bank had been the victim of a sophisticated fraud involving the ... More about LTA indefeasibility provisions.
Australian counsel appearing in New Zealand courts are required to obtain practising certificates and pay practising fees in this country, although the court has inherent jurisdiction to permit anyone to appear in a particular case. Fairfax v Ireton (Court of Appeal, 24 March 2009, CA 777/2008) involved proceedings under the Hague Convention on ... More about Australian counsel in NZ courts.
Internet not a law-free zone Just because comment or information is on the internet doesn’t mean that the ordinary laws of New Zealand don’t still apply. That is the message of Judge David Harvey’s recent judgment in The Police v Cameron John Slater DC Auckland CRN-004028329-9833, 14 ... More about Police v Slater.
Lawyers providing trustee services to clients should be careful in how they manage trustee companies. Using one company to manage all of a firm’s client trusts can create problems, as highlighted by a recent High Court decision. To limit the personal liability of lawyers who are trustees themselves when ... More about Corporate trustee services.
Judge abuse appeal rejected The High Court has upheld a jail sentence imposed on a Maori protester who abused a judge. Te Ringa Mangu Nathan (Dun) Mihaka appealed against a 28-day jail sentence imposed by Judge John McDonald in Kaikohe District Court in February 2010 after he referred to one judge ... More about Abuse of Judge.
Interpretation of “spouses” in Adoption Act 1955 LawTalk asked Petra Butler, a senior lecturer at Victoria University Law School and an Associate Director of the New Zealand Centre for Public Law, to comment on a landmark judgment on the interpretation of “spouses” in the Adoption Act 1955. A M M and K ... More about Adoption Act and spouses: 2.
A High Court decision relating to charities could have implications for hundreds of organisations around New Zealand seeking charitable status under new charities laws, Bell Gully tax specialist John Bassett says. The decision had already resulted in further proceedings and there was conjecture that more cases in a similar vein ... More about Charities definition considered.
Court extends application of Adoption Act The High Court has handed down a landmark judgment in a case stated on how it is permissible to interpret the expression “spouses” in s 3 of the Adoption Act 1955. The Court ruled “spouses” could also mean a man and woman in a committed, de ... More about Adoption Act and spouses.
Appointing a law firm partner as executor One of the significant amendments made by the Wills Act 2007 is contained in s31 which provides: 1. This section applies when the High Court is satisfied that a will does not carry out the will-maker’s intentions because it – (a) contains a clerical error; ... More about S31 Wills Act 2007.