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Supreme Court of New Zealand - recent judgments: March 2022 (new Westlaw (New Zealand))

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A summary of decisions delivered in March 2022 by the Supreme Court, available on Westlaw (New Zealand).

Smith v Fonterra Co-operative Group Ltd  [2022] NZSC 35

31 March 2022

Successful application by S for leave to appeal against dismissal of his claim in tort in relation to emission of greenhouse gases.

 

Zhang v Westpac New Zealand Ltd  [2022] NZSC 34

31 March 2022

Unsuccessful application by Z for leave to appeal against an order that had adjudicated her bankrupt in relation to debt remaining after a mortgagee sale.

 

Stevens v R  [2022] NZSC 32

30 March 2022

Unsuccessful application by S for leave to bring a second appeal against conviction and sentence for 13 charges of violent and sexual offending against his former partner.

 

Auckland Council v C P Group Ltd  [2022] NZSC 31

30 March 2022

Successful application by AC for leave to appeal in relation to a judicial review of its decision to impose a targeted rate on a group of accommodation providers.

 

PN v Police  [2022] NZSC 30

30 March 2022

Unsuccessful application by PN for leave to appeal against refusal of leave to appeal against conviction and sentence for multiple charges including threatening to kill.

 

McKinney v Police  [2022] NZSC 29

25 March 2022

Unsuccessful application by M for recall of a judgment that had refused leave to appeal against a High Court (HC) decision. HC had allowed an appeal by Police against dismissal of a charge of driving with excess breath alcohol.

 

Ding v James  [2022] NZSC 28

25 March 2022

Unsuccessful applications by D and another for leave to appeal against (a) refusal of leave to appeal against a High Court decision not to add D as party to a liquidation proceeding and (b) refusal of an extension of time to appeal a costs order.

 

H v Minister of Immigration  [2022] NZSC 27

25 March 2022

Costs judgment on H’s unsuccessful appeal in relation to his judicial review application. H had challenged the validity of immigration instructions. Costs were allowed to lie where they fell.

 

Mead v Paul  [2022] NZSC 25

22 March 2022

Successful application by M for leave to appeal against a Court of Appeal finding that the Family Court had jurisdiction to determine property claims between people in a polyamorous relationship.

 

Chen v Auckland Weihao Investment Ltd  [2022] NZSC 24

17 March 2022

Unsuccessful application by C for leave to appeal against a refusal by the Court of Appeal to dispense with security for costs in her application for a caveat to not lapse.

 

Port Otago Ltd v Environmental Defence Society Inc  [2022] NZSC 23

17 March 2022

Successful application by POL for leave to appeal against the wording of Otago Regional Council's proposed Regional Policy Statement.

 

Naufahu v R  [2022] NZSC 22

17 March 2022

Unsuccessful application by N for leave to appeal against conviction for conspiracy to supply pseudoephedrine.

 

Marteley v R  [2022] NZSC 21

09 March 2022

Unsuccessful application by M for recall of a 2017 judgment that had dismissed his application for leave to appeal against conviction for murder.

 

Anderson v R  [2022] NZSC 20

09 March 2022

Unsuccessful application by A for leave to appeal against conviction for wounding with intent, kidnapping and theft.

 

McGirr v R  [2022] NZSC 19

09 March 2022

Unsuccessful application by M for leave to appeal against conviction for attempting to pervert the course of justice.

 

Snowden v Commissioner of Police  [2022] NZSC 18

08 March 2022

Unsuccessful application by S for an extension of time for leave to appeal against a forfeiture order.

 

Fakaosilea v R  [2022] NZSC 17

04 March 2022

Unsuccessful application by F, out of time, for leave to appeal against conviction and sentence for (a) importing a class A drug and (b) participating in an organised criminal group.

 

Matamata v R  [2022] NZSC 16

03 March 2022

Unsuccessful application by M for leave to appeal against conviction for (a) human trafficking and (b) dealing in slaves.

 

Head v Chief Executive of the Inland Revenue Department  [2022] NZSC 15

02 March 2022

Unsuccessful application by H and others for leave to appeal against an Employment Court finding that they were not employees of IRD.

 

Graham v Shabor Ltd  [2022] NZSC 14

01 March 2022

Unsuccessful application by G and another for leave to appeal against (a) a finding that SL had relied on a misrepresentation by G despite the no-reliance clause in a farm purchase contract and (b) an increase in damages awarded.

 

Gao v Zespri Group Ltd  [2022] NZSC 13

01 March 2022

Unsuccessful application by G for leave to appeal against (a) a finding that he had breached ZGL's plant variety rights and (b) the assessment of damages.

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