30 March 23
High Court Rules, rules 5.35A and 5.35B – power to strike out proceeding before service – history of rules and process leading to their promulgation - criteria for being satisfied that the proceeding is plainly an ...
30 March 23
Employment Relations Act 2000 – Application for leave to appeal to Court of Appeal against decision of Employment Court – Employment Court overturned decision of Employment Relations Authority – found personal ...
30 March 23
Senior Courts Act 2016, s 16(4) – trial by judge alone on quantum in defamation proceeding – mixed questions of fact and law – Defamation Act 1992, s 30 – prolonged examination of documents – extensive pleading – ...
24 March 23
Sentencing – possession of methamphetamine for supply – conspiracy to manufacture methamphetamine – unlawful possession of a firearm – home detention - culpability – Zhang v R [2019] NZCA 507– s 27 Sentencing Act ...
24 March 23
Trade Marks – Trade Marks Act 2002 - colour trade mark – application for declaration of invalidity – claim that registration comprised a sign that did not qualify as a trade mark due to sign being ambiguous – ...
24 March 23
Successful application for caveat not to lapse. Land Transfer Act 2017 (LTA)-ss 138, 141-143 interpretation of LTA sections -caveat- caveatable interest-application to lapse caveat-application for caveat not to ...
24 March 23
Marsh v Goldline Properties Limited [2023] NZHC 281
Land Transfer Act 2017 - Application that caveats not lapse – applicable principles – interpretation of s134(4) Real Estate Agents Act 2008 – whether contracts ...
24 March 23
Accident Compensation Act 2001 (ACC Act) ss 20(1)(a) and 26(1)(c) – appeal on point of law – mental injury suffered in New Zealand because of physical injuries suffered overseas (in Russia) – is there cover? – ...
24 March 23
The Chief Ombudsman is continuing to investigate how the Department of Corrections has responded to repeated calls to improve prison conditions, with findings expected around the middle of the year.
It comes as ...
24 March 23
Appeal against decision of Assistant Commissioner of Patents – Patents Act 2013, ss 3, 5(1), 9, 22, 71, 73 – Patents Regulations 2014, reg 50 – artificial intelligence – whether “inventor” must be natural person – ...
24 March 23
Sentencing – Young Persons – Murder – s 102, Sentencing Act 2002 – Life Imprisonment – MPI – Manifest Injustice – Neurological Immaturity – Culpability – Mitigating Factors
Dickey v R [2023] NZCA 2 (Miller, ...
23 March 23
Tracing property after a relationship split can be a difficult and complex process. When those assets include crypto currencies and other digital assets, as is increasingly the case, identifying, tracing, and ...
23 March 23
All 18 of New Zealand’s prisons have now resumed face-to-face contact between inmates and counsel while the Department of Corrections continues to “recruit, retain and train” to deal with staffing shortages.
But ...
23 March 23
“Chippy’s a killer.” The politico who vouchsafed this opinion of New Zealand’s new prime minister did not, of course, mean that Chris Hipkins was guilty of homicide – merely that he has an instinct for the ...
23 March 23
So, we’ve traced the history of the English split profession. We now know why we have the division between barristers and solicitors and what each of them does on a day-to-day basis. That brings me on to the ...
20 March 23
High Court Rules 2016 r4.24 – leave to commence a representative proceeding - power to stay proceedings under s 24 of the Trans-Tasman Proceeding Proceedings Act 2010 – factors to consider in determining whether ...