New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Delay and stay

Legal area

Court

6 Nov 2018

FRANCISC CATALIN DELIU v NATIONAL STANDARDS COMMITTEE AND AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND LAW SOCIETY [2018] NZHC 2873

Citation

[2018] NZHC 2873
Court

High Court

Leave to appeal was dismissed because the applicant did not raise a question of law of sufficient general or public importance or one warranting Court of Appeal determination; most points were factual or settled by precedent (notably Orlov and Doré), delay was attributable to the applicant, comparative and penalty complaints were factual, and costs had been addressed.
17 Oct 2017

D (CA368/2017) v R [2017] NZCA 464

Citation

[2017] NZCA 464
Court

Court of Appeal

The Court held the appellant did not suffer unfair prejudice from delay given speculative nature of alleged lost evidence and comprehensive judicial directions; the s44 application lacked evidential foundation so cross-examination about prior allegations was rightly excluded; the hearsay letter was rightly excluded as unreliable and possibly solicited by the accused; the late amendment to the date range corrected an evidential error and caused no unfairness; the summing up and directions, though imperfect, were sufficient and omission of a tripartite direction was not fatal; the jury verdicts…