Supreme Court of New Zealand - recent judgments: December 2023
Kaitai v R [2023] NZSC 169
22 December 2023
Successful application by K for leave to appeal against conviction for murder.
The approved question was whether the Court of Appeal was correct to dismiss K's appeal based on defences of (a) accident, (b) involuntariness and (c) lack of intent.
Re Zhong [2023] NZSC 168
20 December 2023
Unsuccessful application by Z and another for review of a Deputy Registrar's refusal to waive a filing fee.
H v R [2023] NZSC 166
20 December 2023
Unsuccessful application by H for leave to appeal against his conviction for indecent assault, sexual violation and rape of a young person under 16.
Nottingham v Attorney-General [2023] NZSC 167
18 December 2023
Unsuccessful application by N and another for leave to appeal against a costs decision.
Siemer v Attorney-General [2023] NZSC 165
12 December 2023
Unsuccessful application by S for review of a decision by the Deputy Registrar not to dispense with security for costs in relation to S's application for leave to appeal.
W v R, Hoggart v R [2023] NZSC 164
12 December 2023
Partially successful applications by W (SC 60/2023) and H (SC 77/2023) for leave to appeal against their convictions for aggravated robbery and murder.
The approved questions were whether the Court of Appeal was correct to conclude that (a) a media take down order was not required and (b) the verdicts were not unreasonable in light of admissible evidence relating to potential culpability of a third person who had subsequently died.
Delamere v Liu [2023] NZSC 163
08 December 2023
Unsuccessful application by D for leave to appeal against a finding that he was liable to L for breach of contract.
Jones v New Zealand Bloodstock Finance and Leasing Ltd [2023] NZSC 158
08 December 2023
Unsuccessful second application by J for recall of a judgment that had refused him leave to appeal.
Nevin v R [2023] NZSC 161
07 December 2023
Unsuccessful application by N for leave to appeal against (a) conviction for sexual offending against a young person and (b) his sentence of six years and six months' imprisonment.
Nevin v R [2023] NZSC 160
07 December 2023
Unsuccessful application by N for leave to appeal against refusal of permanent name suppression following his conviction for sexual offending against a young person.
Burden v ESR Group (NZ) Ltd [2023] NZSC 159
07 December 2023
Successful application by B for leave to appeal against a Court of Appeal (CA) interpretation of s 9(1) Copyright Act 1994.
The approved questions were whether the CA was correct to conclude that (a) a copyright holder's consent was not necessary for a work to be ‘in circulation’ and (b) circulation outside of NZ could constitute ‘circulation’.
He v Bank of New Zealand [2023] NZSC 162
06 December 2023
Unsuccessful application by H for leave to appeal against entry of summary judgment against him in relation to a mortgagee sale.
Shiraz Holiday Ltd v Body Corporate 406198 [2023] NZSC 157
05 December 2023
Unsuccessful application by SHL for leave to appeal against a finding that an exclusive letting and rental contribution provision in a management agreement was unlawful.