MARINO v THE CHIEF EXECUTIVE OF THE DEPT OF CORRECTIONS [2016] NZCA 117 [12 April 2016]
The appeal was dismissed because the Court concluded the appellant failed to establish grounds for overturning the decision of the Department of Corrections.
Source-derived case information.
- Citation
- [2016] NZCA 117
- Parties
- Appellant: MICHAEL MARINO; Respondent: THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 12 April 2016
- Procedural Posture
- Appeal / Judgment Delivered in the Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Prisoner Litigation, Appeal Standards, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
MICHAEL MARINO
Appellant
THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Respondent
Procedural Posture
Appeal / Judgment Delivered in the Court of Appeal
Legal Issues
- 1 Whether the appellant established grounds to overturn the decision of the Department of Corrections
- 2 Whether the appellant is entitled to relief sought on appeal
- 3 Entitlement to costs and procedure for costs submissions
Ratio Decidendi
The appeal was dismissed because the Court concluded the appellant failed to establish grounds for overturning the decision of the Department of Corrections.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Counsel may file memoranda if any issue arises as to costs
Full Case Text
Judgment text and source record
1 paragraphs
MARINO v THE CHIEF EXECUTIVE OF THE DEPT OF CORRECTIONS [2016] NZCA 117 [12 April 2016]IN THE COURT OF APPEAL OF NEW ZEALANDCA129/2016[2016] NZCA 117BETWEEN MICHAEL MARINOAppellantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: 4 April 2016Court: Miller Cooper and Kós JJCounsel: D A Ewen and G K Edgeler for AppellantD J Perkins and T P Westaway for RespondentJudgment: 12 April 2016 at 11.30 amJUDGMENT OF THE COURTA The appeal is dismissed.B Counsel may file memoranda if any issue arises as to costs.____________________________________________________________________[Reasons to follow]Solicitors:Kerry Burrows, Hamilton for AppellantCrown Law Office, Wellington for Respondent