HUANG V THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON SC 39/2008
Leave to appeal was dismissed because the matter had been overtaken by a rehearing when a different District Court Judge heard an extension application under s 60(4), importing ss 60(2) and (3), rendering the proposed appeal redundant; the applicant was directed to pursue relief in High Court judicial review...
Source-derived case information.
- Citation
- SC 39/2008
- Parties
- Applicant: Qiwen Huang; Respondent: The Manager of Custodial Services, Auckland Central Remand Prison
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 July 2008
- Procedural Posture
- Leave to Appeal (supreme Court) / Application for Leave to Appeal Dismissed
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Judicial Bias, Warrant of Commitment, Extension of Warrant Under S 60(4), Leave to Appeal, Mootness/rehearing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Qiwen Huang
Applicant
The Manager of Custodial Services, Auckland Central Remand Prison
Respondent
Procedural Posture
Leave to Appeal (supreme Court) / Application for Leave to Appeal Dismissed
Legal Issues
- 1 whether leave to appeal should be granted
- 2 whether alleged judicial bias entitled applicant to habeas corpus relief
- 3 whether rehearing under s 60(4) rendered the appeal moot
Ratio Decidendi
Leave to appeal was dismissed because the matter had been overtaken by a rehearing when a different District Court Judge heard an extension application under s 60(4), importing ss 60(2) and (3), rendering the proposed appeal redundant; the applicant was directed to pursue relief in High Court judicial review proceedings.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed.
- If the applicant wishes to pursue interim or final relief he should do so in his judicial review proceedings in the High Court.
Full Case Text
Judgment text and source record
1 paragraphs
HUANG V THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON SC 39/2008 10 July 2008IN THE SUPREME COURT OF NEW ZEALAND SC 39/2008 [2008] NZSC 50BETWEEN QIWEN HUANG Applicant AND THE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON Respondent Court: Elias CJ, Blanchard and Wilson JJ Counsel: F C Deliu for Applicant C Inglis and V Casey for Respondent Judgment: 10 July 2008JUDGMENT OF THE COURT The application for leave to appeal is dismissed. REASONS[1] The applicant has made an urgent application for leave to appeal against a judgment of the Court of Appeal, 1 delivered yesterday, dismissing his appeal against the refusal of the High Court to issue a writ of habeas corpus. 2[2] That appeal arose out of an allegation of bias against a District Court Judge who granted an application under s 60 of the Immigration Act 1960 for a warrant of commitment of the applicant.1 [2008] NZCA 225.2 Huang v The Manager of Custodial Services, Auckland Central Remand Prison (High Court, Auckland, CIV 2008-404-004140, 7 July 2008, Venning J).[3] Any issue which might possibly have arisen for consideration by this Court was overtaken when an application for an extension of that warrant was heard by a different District Court Judge yesterday. Section 60(4) imports into an application for extension the provisions of s 60(2) and (3), which govern an application for a warrant. The application for extension was therefore effectively a rehearing of the original application. [4] If the applicant wishes to pursue a claim for interim or final relief, he should do so in his judicial review proceedings in the High Court. 3[5] The application for leave to appeal to this Court is dismissed.Solicitors: Equity Law, Auckland for Applicant Crown Law, Wellington for Respondent3 CIV 2008-404-4139