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Supreme Court of New Zealand - recent (October 2021) judgments (Westlaw NZ)

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A summary of recent (October 2021) Supreme Court of New Zealand decisions available on Westlaw NZ.

McIntosh v Chief Executive of the Department of Corrections [2021] NZSC 142

27 October 2021

Unsuccessful application by M for leave to appeal against confirmation of a second extended supervision order, imposed following M’s conviction for sexual offences.

 

Siemer v Auckland High Court [2021] NZSC 141

21 October 2021

Unsuccessful application by S for recall of judgment that had dismissed his application for leave to appeal in relation to waiving security for costs.

 

Monk v R [2021] NZSC 139

21 October 2021

Unsuccessful application by M for leave to appeal against the refusal by the District Court to accept his appeal application. Had been convicted in 2011 of intentionally destroying ecological reserve vegetation.

 

Whittington v UDC Finance Ltd [2021] NZSC 138

19 October 2021

Unsuccessful application by W for leave to appeal against refusal to dispense with security for costs in relation to his appeal against bankruptcy.

 

Martin v R [2021] NZSC 137

15 October 2021

Unsuccessful application by M for leave to appeal against his conviction for murder.

 

Harrison v Harrison [2021] NZSC 136

14 October 2021

Unsuccessful application by PH for recall of earlier judgment refusing leave to appeal against the validity of security for costs rules.

 

Ikon Building Co-operation Ltd v Dumasia [2021] NZSC 135

13 October 2021

Unsuccessful application by IBCL for leave to appeal against refusal of summary judgment in a property sale dispute.

 

Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd [2021] NZSC 134

11 October 2021

Successful application by WMKPI for leave to appeal against the High Court’s decision in Mercury NZ Ltd v Waitangi Tribunal regarding the exercise of resumption powers by the Waitangi Tribunal.

 

Chesterfields Preschools Ltd (in liq) v Commissioner of Inland Revenue [2021] NZSC 133

08 October 2021

Unsuccessful application by CPL and Sisson for recall of the Court’s earlier judgment refusing leave to appeal against the placing of CPL into liquidation.

 

Kissling v R [2021] NZSC 132

07 October 2021

Unsuccessful application by K for leave to appeal against his conviction for causing grievous bodily harm.

 

Fitzgerald v R [2021] NZSC 131

07 October 2021

Successful appeal by F against his sentence of seven years’ imprisonment for indecent assault imposed under ‘three strikes’ regime. Parties agreed that the sentence was disproportionately severe and in breach of s 9 New Zealand Bill of Rights Act 1991.

Appeal against refusal of discharge without conviction dismissed.

 

Foster v R [2021] NZSC 130

07 October 2021

Unsuccessful application by F for recall of judgment refusing leave to appeal against his convictions for sexual offences.

 

Biddle v R [2021] NZSC 129

07 October 2021

Unsuccessful application by B for recall of the Court’s earlier judgment refusing leave to appeal against his convictions for rape.

 

Re Burgess [2021] NZSC 128

05 October 2021

Unsuccessful application by B for leave to appeal against refusal to allow litigation rights to be vested in him. Official Assignee had disclaimed any interest in proceedings against B’s ex-wife and her lawyers.

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