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

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A summary of recent Supreme Court of New Zealand decisions available on Westlaw New Zealand.

Yan v Mainzeal Property and Construction Ltd (in liq) [2021] NZSC 109
6 September 2021 
Leave to appeal and cross appeal granted. Liquidators of MPCL had brought proceedings alleging insolvent trading against former directors. Both High Court and Court of Appeal had ordered directors to pay significant compensation, but for differing reasons. 

Melco Property Holdings (NZ) 2012 Ltd v Anthony John Hall [2021] NZSC 108
3 September 2021 
Leave to appeal granted in relation to lapse of caveat. MPHL had lodged a caveat against a commercial property after AJH had cancelled the sale of the property.  

Sharma v Wati [2021] NZSC 107
30 August 2021 
Leave to appeal declined. S had been refused an extension of time to appeal against charging orders.

B v ALA [2021] NZSC 105
27 August 2021 
Leave to appeal declined in relation to non-publication orders made by the Employment Court. Parties had been identified in a subsequent judgment. 

Whittington v UDC Finance Ltd [2021] NZSC 106
27 August 2021 
Unsuccessful application for stay of bankruptcy. 

Madsen-Ries v Cooper [2021] NZSC 104
24 August 2021 
Unsuccessful application for recall of judgment finding C and another respondent jointly and severally liable for costs. 

Tranter v R [2021] NZSC 103
20 August 2021 
Unsuccessful application for recall of judgment that refused leave to appeal against conviction and sentence for sexual offending. 

FMV v TZB [2021] NZSC 102 
20 August 2021 
Unsuccessful appeal by FMV against High Court decision to strike out her claim of negligence by her former employer. Complaints could be framed as personal grievances, so must be pursued in the Employment Relations Authority.

Alkazaz v Enterprise IT Ltd [2021] NZSC 101
16 August 2021 
Extension of time to appeal against Employment Court decision declined. 

Houghton v Saunders [2021] NZSC 98
12 August 2021 
Costs award.

Gill Pizza Ltd v Labour Inspector (Ministry of Business, Innovation and Employment)  [2021] NZSC 97
12 August 2021
Leave to appeal granted on the question of whether, if a defendant asserted there was no employment relationship, a declaration of employment status was needed from the Employment Court before a proceeding was commenced. 

Horton v R [2021] NZSC 99
12 August 2021 
Leave to appeal against conviction for violent and sexual offending declined. 

Newlands v Nelson City Council [2021] NZSC 100
12 August 2021 
Leave to appeal against destruction of dog declined. 

D v High Court Auckland [2021] NZSC 96
9 August 2021 
Leave to appeal declined. Habeas corpus application made in relation to parenting orders was an abuse of process. 

P v R [2021] NZSC 95
6 August 2021
Leave to appeal against admission of propensity evidence declined in a sexual offences case.

Moncrief-Spittle v Regional Facilities Auckland Ltd [2021] NZSC 94 
5 August 2021
Leave to appeal granted in relation to the cancellation of an event at which two self-described ‘alt-right’ activists were to speak. High Court had found that RFAL did not exercise a public power in cancelling the event or a public power that would engage the New Zealand Bill of Rights Act 1990.
 

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