New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Effective remedy

Legal area

Court

6 Mar 2019

HAYLEY DAWN YOUNG v ATTORNEY-GENERAL [2019] NZSC 23

Citation

[2019] NZSC 23
Court

Supreme Court

Leave to appeal was refused because the proposed novel exception to state immunity for denial of effective domestic remedies under BORA and international law lacked sufficient prospects of success to justify leave, and because forum non conveniens considerations would only arise if state immunity were resolved in the applicant's favour; the Court of Appeal and High Court had applied settled principles correctly.
13 Aug 2018

YOUNG v ATTORNEY-GENERAL [2018] NZCA 307

Citation

[2018] 3 NZLR 827
Court

Court of Appeal

State immunity bars the claim against the MOD(UK); NZBORA does not apply to the MOD(UK) or expand liability to foreign states; treaties and customary international law relied upon do not create a procedural exception displacing state immunity; England and Wales is the appropriate forum for the MOD(UK) claims; appeal dismissed.