ROMANOV v DEPARTMENT OF CORRECTIONS [2018] NZHC 1535
The application was dismissed because it sought to relitigate arguments already rejected by Grice J and because the applicant's detention was lawful as a custodial remand supported by a judicial warrant, with no material change in circumstances to justify reopening the matter.
Source-derived case information.
- Citation
- [2018] NZHC 1535
- Parties
- Applicant: RICARDO ROMANOV; Respondent: CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 June 2018
- Procedural Posture
- Habeas Corpus / Application Dismissed on the Papers; Judgment Delivered 26 June 2018
- Outcome
- Application dismissed
- Legal Topics
- Lawful Detention, Remand Warrant, Collateral Relitigation, Perverting the Course of Justice, Standby Trial Date
Source-derived case record
Summary, issues, holding and outcome
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Parties
RICARDO ROMANOV
Applicant
CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS
Respondent
Procedural Posture
Habeas Corpus / Application Dismissed on the Papers; Judgment Delivered 26 June 2018
Legal Issues
- 1 Whether the applicant's detention was lawful
- 2 Whether the applicant may relitigate matters already decided by a prior High Court judgment
- 3 Whether there has been any change in circumstances justifying a fresh habeas corpus application
Ratio Decidendi
The application was dismissed because it sought to relitigate arguments already rejected by Grice J and because the applicant's detention was lawful as a custodial remand supported by a judicial warrant, with no material change in circumstances to justify reopening the matter.
Court Disposition
Application dismissed
Orders
- Application for writ of habeas corpus dismissed
- Registrar not to file any further habeas corpus application by Mr Romanov without leave of a Judge of this Court
Full Case Text
Judgment text and source record
1 paragraphs
ROMANOV v DEPARTMENT OF CORRECTIONS [2018] NZHC 1535 [26 June 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2018-404-001217[2018] NZHC 1535BETWEEN RICARDO ROMANOVApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentHearing: On the papersJudgment: 26 June 2018JUDGMENT OF DOWNS JThis judgment was delivered by me on Tuesday, 26 June 2018 at 9 ampursuant to r 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors:Crown Law, Wellington.Copy to: Applicant[1] On 11 April 2018 Grice J dismissed Mr Ricardo Romanov's application for a writof habeas corpus.1 In short:(a) Mr Romanov is in custody on one charge of attempting to pervert thecourse of justice.(b) That charge has a standby trial date of 23 July 2018.(c) Mr Romanov's detention is lawful, as it reflects a custodial remand on thecharge above, with an associated warrant signed by Judge R J Collins on27 March.[2] Grice J observed Mr Romanov had applied for bail, and that application would beheard later the same day (by the District Court).[3] Yesterday afternoon, Mr Romanov filed a further writ for habeas corpus. I assumehis bail application was declined.[4] I dismiss Mr Romanov's application because:(a) Mr Romanov wishes to advance the same arguments rejected by Grice J.His application is an attempt to collaterally relitigate the same point. And,Mr Romanov's circumstances have not changed.(b) The legality of Mr Romanov's detention is beyond doubt for the reasonsidentified by Grice J, and as summarised at [1].[5] The Registrar is not to file any further application by Mr Romanov for a writ ofhabeas corpus without leave of a Judge of this Court...Downs J1 Romanov v Attorney-General [2018] NZHC 672.