KIM v THE PRISON MANAGER, MT EDEN CORRECTIONS FACILITY SC 80/2012
Leave to appeal was granted and the approved ground for appeal is whether the courts below were correct to dismiss the proceeding on the basis that the alleged deficiencies were not suitable for determination by habeas corpus.
Source-derived case information.
- Citation
- KIM v THE PRISON MANAGER, MT EDEN CORRECTIONS FACILITY SC 80/2012
- Parties
- Appellant: Kyung Yup Kim; Respondent: The Prison Manager, Mt Eden Corrections Facility
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 November 2012
- Procedural Posture
- Habeas Corpus Appeal to Supreme Court / Leave to Appeal Granted
- Outcome
- Leave to appeal granted; approved ground limited to suitability of habeas corpus to determine alleged deficiencies in surrender request and provisional warrant.
- Legal Topics
- Leave to Appeal, Provisional Warrant, Request to Surrender, Appropriateness of Habeas Corpus
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyung Yup Kim
Appellant
The Prison Manager, Mt Eden Corrections Facility
Respondent
Procedural Posture
Habeas Corpus Appeal to Supreme Court / Leave to Appeal Granted
Legal Issues
- 1 Whether alleged deficiencies in the request to surrender and the application for a provisional warrant were suitable for determination on a habeas corpus application
- 2 Whether the courts below were correct to dismiss the proceeding on that basis
Ratio Decidendi
Leave to appeal was granted and the approved ground for appeal is whether the courts below were correct to dismiss the proceeding on the basis that the alleged deficiencies were not suitable for determination by habeas corpus.
Court Disposition
Leave to appeal granted; approved ground limited to suitability of habeas corpus to determine alleged deficiencies in surrender request and provisional warrant.
Orders
- Leave to appeal is granted.
- The approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.
Full Case Text
Judgment text and source record
1 paragraphs
KIM v THE PRISON MANAGER, MT EDEN CORRECTIONS FACILITY SC 80/2012 [16 November 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 80/2012[2012] NZSC 100BETWEEN KYUNG YUP KIMAppellantAND THE PRISON MANAGER, MT EDENCORRECTIONS FACILITYRespondentCourt: Elias CJ, McGrath, William Young, Chambers and Glazebrook JJCounsel: T Ellis and G K Edgeler for AppellantA M Powell and D J Perkins for RespondentJudgment: 16 November 2012JUDGMENT OF THE COURTA Leave to appeal is granted.B The approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.____________________________________________________________________REASONS[1] The other proposed grounds raised by the appellant concern matters which are premature at this stage of the proceedings.Solicitors:Carole Curtis, Auckland for AppellantCrown Law Office, Wellington for Respondent