Other Recent CaseS

  • Koromako v Uluiviti [2019] NZHC 1268 - partially successful summary judgment application (in the context of a dispoute about an Incorporated Society).  Importantly confirms the orthodox NZ test for implying terms into a contract applies to an incorporated society's rules (i.e. a contract).
  • Barfoot v O’Meara [2019] NZHC 1186  - application for judicial review within an incorporated society: granted.    
  • AD (Togo) [2019] NZIPT 801492: successful subsequent claim: political basis. s 231 issues.
  • EK (Iran) v Immigration and Protection Trubunal [2019] NZHC 1096 - Refused s 200 Immigration Act 2009 substantive appeal of Muir J 17/5/2019. Clarifies s 200 position (bad faith - good faith) s 151 Immigration act 2009 confidentiality provisions apply.  Balancing test declined: wording of section paramount.
  • EW(Sri Lanka) v Refugee and Protection Officer [2019] NZHC 741 successful substantive s 245 Immigration Act 2009 appeal regarding the interpretation and operation of s 200 Immigration Act 2009: the jurisdictional threshold which must be crossed for subsequent claims to be heard. Equivalent to s 140 in the RSB.
  • Liu v Xie [2018] NZHC 3391 (substantive) [2019] NZHC 288 (costs) successful defence against a commercial claim after business dealings soured.  Incorrrect recollections and assertions of plaintif.  Costs obtained.
  • Re AJ (Ghana) [2019] NZIP 801396 refused appeal (subsequent claim).
  • Matamu v Si'itia [2018] NZSC 14 Refusal of application for leave to appeal - attempted rehash of factual assessment made in HC & CA - (further issues to resolve in the HC).
  • Jin House NZ Ltd v Scott Point Estate GP Ltd [2018] NZHC 3359 (substantive) [2018] NZHC 3359 (costs) declined originating application regarding a sales and purchase agreement. Increased costs.
  • Re GA (India) [2018] NZIPT 801369 s 200 issue failed: Christian Evangelist - SE seaborad state of India.
  • Morgan v Accident Compensation Corporation [2018] NZACC 179 declined ACC claim; leave to appeal presently being considered.
  • AL (Nigeria) v Immigration and Protection Tribunal [2018] NZHC 42 - successful originating application to ensure the HC registry recognsied both s 245 and 249 applications under the Immigration Act 2009 were filed (S v Osborne [1996] 3 NZLR 234 did not need to be addressed with acceptance and consent from MBIE).
  • WK v Refugee and Protection Officer [2018] NZSC 91. Leave to appeal application declined (refugee matter, s 140 Immigration Act 2009 interpretation).  Applicant WK had left the country for Turkey.
  • BD (India) v Legal Aid Tribunal [2018] NZHC 2542 important (successful) appeal for legal aid applicants - s 200 issue and considered the slim chance test: linked to Re GA (India) [2018] NZIPT 801369.
  • Re: Reformed Christian Church of Tuvalu in New Zealand Trust; Matau v Fusi [2017] NZHC 3210 originating application declined by Gordon J - interest of justice insufficient to overcome contested fact issues. Direction to commence by Statement of Claim.
  • EW (Sri Lanka) v Refugee Protection Officer [2018] NZHC 2130 Muir J grants leave to appeal on a s 200 interpretation issue - linked to EW(Sri Lanka) v Refugee and Protection Officer [2019] NZHC 741 (above).
  • WK v Refugee Protection Officer, MBIE, Auckland [2018] NZHC 2069 (costs).
  • Aslam v Transportation Auckland Corporation Ltd [2018] NZCA 301 - unsuccessful leave to appeal application: Brown J found one issue was in the appellant's favour but not sufficient to grant the leave application on traditional grounds.
  • BR (Bangladesh) v Chief Executive of the Ministry of Business, Innovationand Employment [2018] NZCA 267 leave against the refusal of a humanitarian appeal not granted.  Very sick child.
  • Matamu v Si'itia [2017] 482 - successful opposition to the appeal from Moore J's decision in Matamu v Si'itia [2016] NZHC 2516. Simon France J (for the Court of Appeal) approves the analysis of the case through the "contract lens".
  • Jiang v Huang [2017] NZHC 2340 - successful claim in equity (using ss 339-343 Property Law Act 2007 as a tool for putting orders into effect) regarding the division of proceeds (once sold) arising from a property venture which went sour.
  • Sime v Maungatapere Community Church Inc [2017] NZHC 2192- successful opposition to an application for judicial review/ declaratory orders following the breakdown of internal relationships within a church.  Decided on strictly administrative law/ meeting procedure lines with discussion as to justiciability of doctrinal elements (questions of heresy) rejected.
  • [2017] NZIPT 50290 successful appeal against deportation liability (as a non-resident) based on compelling medical grounds.
  • D v T [2017] NZHC 904 - successful claim for $268,000 against woman who elicited funds from elderly man (plaintiff), claiming they were gifts not loans.
  • Wong v United Chinese Associations of New Zealand Inc [2017] NZHC 2207 - cost quantification.
  • Wong v United Chinese Associations of New Zealand Inc (No 3) [2017] NZHC 1598 - fact correction and costs determination.
  • Wong v United Chinese Associations of New Zealand Inc (No 2) [2017] NZHC 551
  • Wong v United Chinese Associations of New Zealand Inc (UCANZ) [2017] NZHC 274 election issue in a community/ cultural incorporated society.
  • [2017] NZIPT 801011 - successful refugee claim (subsequent claim) for Pakistani victim of TTK attention; political claim.
  • DZ (Sri Lanka) [2017] NZIPT 502646, 502661 and 502900 - successful jursidiction claim to permit a humanitarian claim to be brought.
  • AA (Sri Lanka) [2017] NZIPT - successful refugee claim (subsequent claim) for Sri Lankan Tamil - political belief, member of TCC.
  • Matamu v Si'itia [2016] NZHC 3137
  • Matamu v Si'itia [2016] NZHC 2516 important decision of Moore J as it is the first decision in New Zealand to apply the church rules = contract principle; follows Shergill v Khaira (UKSC) lead. 
  • BH (Bangladesh) [2016] NZIPT 800882 - successful refugee claim for Bangladeshi apostate Muslim, Christian convert. Subsequent claim. 
  • Singh v Auckland Cooperative Taxi Society Ltd [2015] NZHC  Edwards J - unsucessful application for interim relief under the JAA1972 to stay disciplinary proceedings; [2016] NZHC 642 application for interim relief granted on conditons by Palmer J; [2016] NZHC 1940 interim relief rescinded in the main and discovery application has limited success (Edwards J).
  • BD (India) v RPO [2016] NZHC 1762- s 140(3) Immigration Act 2009 refusal of a subsequent claim - repeat in view of RPO and Peters J not swayed; under appeal to CA on different grounds based in AO (Afghanistan) [2015] NZIPT 800797.
  • BU (India) v IPT [2016] NZHC 1499 - refused application under s 245, 249 application. Unusual 
  • DA (Sri Lanka) v IPT [2016] NZHC 1545 - unsuccessful ss 245, 249 application.
  • Ma v Ma [2016] NZHC 1426 - application to sustain a caveat declined.
  • Jones v Auckland Council  [2016] NZHC 1199 - application to sustain a caveat declined.
  • AP v Immigration and Protection Tribunal [2016] NZHC 1085 - Woodhouse J declines ss 245, 249 for a refugee claimaint fromthe  Philippines (subsequent claim).
  • Nelson v Meier [2016] NZHC 787 - successful defence of claim by mother against daughter for tracing/ constructive trust/ gift v loan claim.
  • RM v IPT [2016] NZHC 735 - unsuccessful application for ss 245, 249 application but gives rise to an argument of Palmer J's that "any other reason" under s 249(6) has more teeth than s 245.
  • BZ (Sri Lanka) v IPT [2015] NZHC 2883 (argued by J Lewis)
  • Reekie v Attorney-General (sued on behalf of the Dept of Corrections) [2015] NZSC 160 - declined leave - applicant’s contention that Wylie J had erred in his findings in relation to s 13 of the Prisoners’ and Victims’ Claims Act 2005 (PVCA)
  • Damon Engineering (2009) Ltd v J [2015] NZHC 1395 - successful opposition to plaintiff's claim in negligence, breach of contract and conversion relating to the allegations that a defective health and safety manual was produced and led to loss of contracts with Goodman Fielder and Tip Top.
  • Huang v Boyce [2015] DC: successful defence to alleged motor vehicle claim (failing to keep a proper lookout)  some 3.5 years ago.  Modest counterclaim not proved either.
  • Reekie v Attorney-General [2015] NZCA 198 unsuccessful 2:1 ruling declining sentenced prisoner's application for leave to extend time to pursue an appeal which was deemed abandoned.
  • Matamu v Si'itia [2015] NZHC 1079 - an interim judgment of Duffy J relating to the dispute at Avondale Union Parish church - the next step being to determine whom was part of the Parish Council at the time a key set of reoslutions were made.
  • Sesay v Aro [2015] NZDC 1475 Successful claim for general damages following conversion of a Mercedes Benz in breach of the Credit (Repossessions) Act 1997
  • NZCU v Lewis & Bertolli Civ 2012-004-780  Auckland DC 20 February 2015 Successful third party claim under an oral indemnity: Contractual Remedies Act 1979 s 6; unconscionability and promissory estoppel
  • Wu v Sha Civ 2014-044-000725 North Shore DC 2 February 2015 Successful opposition to an application to set aside a default judgment and extend time for filing defendant's information capsule (DCR 2009); considered the doctrine of misnomer as it relates to gaurantees
  • YZ v IPT & Anor [2014] NZHC 3382 Declined application under s 249 Immigration Act 2009 - Art 1F exclusionary issues; attempt to raise caselaw challenge on Art 1F matters (subsequently being raised coherently in RSB jursidiction); refusal of application to adduce medical evidence impacting credibility.
  • GPL Limited v Dempster & Dempster [2014] NZHC 3263 successful application for an interim mandatory injunction to prevent a sale of a commercial property in breach of a first option to purchase
  • D v IPT & Anor [2014] NZHC 3017 - application under s 249 Immigration Act 2009 for leave to bring a judicial review; application to adduce further evidence on judicial review (medical reports to corroborate torture allegations); credibility issues (Uganda)
  • RE: Mani (deceased); Tangimai v Tangimai [2014] NZHC 2348 - estate matter whereby a Testamentary Promise by the deceased mother to leave the family home to her only child was upheld by the Court
  • SK v IPT & Anor [2014] 2693 applications under the Immigration Act 2009 for leave to appeal under s 245 and to bring judicial review proceedings under s 249 - focusing on fairness issues arising from the IPT's decision to dispense with an oral hearing (Bangladesh)
  • Matamu v Siitia (ongoing litigation) schism within the Samoan Presbyterian group of a Union Parish regarding essentially entitlement to change from oversight of the Northern Presbytery to the Pacific Islands Synod
  • Double Eight Ltd v Disputes Tribunal at Manukau [2014] NZHC 1682 - successful application for judicial review of a refusal by referee to grant a re-hearing
  • White v BNZ [2014] NZHC 1672 - successful opposition by unsuccessful respondents to strike-out application (half period as parties as legally aided, half as litigants in person)
  • Anon v CEO MSD [2014] NZSSA 022 - successfully established an error on the part of the Ministry under Social Security Act 1964 s 86(9A)
  • Clements v Thurlow [2013] NZHC 760 – specific performance of a settlement agreement (reneged on)
  • Love v Batterton [2013] NZHC 742; 36 TCL 17/9 – application for leave (unsuccessful) to remove an executor as a defendant under HCR 4.23 and substitute the applicant’s brother - cited in McGechan on Procedure at HR4.23.01
  • P v Bridgecorp [2013] NZSC 20; 36 TCL 11/5 – successful grant of leave to appeal to the Supreme Court
  • McKee v Official Assignee [2013] NZHC 340; 36 TCL 11/4 – application for discharge from bankruptcy; noted in Brookers Insolvency Law at IN67.02
  • Horton v Cowley [2012] NZHC 3089 – voidable transaction issue
  • P v Bridgecorp [2012] NZCA 530; 35 TCL 46/6 (junior) – unsuccessful application to set aside and admission – HCR 15.16; cited in McGechan on Procedure at HR15.16.01; 03-05
  • Porter-Riley v Coe [2012] NZHC 2485 – successful application to oppose the sustaining of a caveat
  • Clements v Thurlow [2012] NZHC 2449; 35 TCL 42/6 – successful opposition to protest at jurisdiction cited in Civil Procedure: District Courts & Tribunals at HC5.49.07/DR3.38.1
  • MFT Properties Ltd v Country Club Apartments Ltd [2012] NZHC 1116 – successful application to remove a charging order
  • McKay v Cheviot Park Motor Lodge 2006 Ltd HC Whangarei CIV-2010-488-379, 2 March 2012 – successful prejudiced shareholder application – s 174 Companies Act 1993 (junior but very active role)