New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Finality/res judicata

Legal area

Court

25 Sept 2019

TRANTER v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 2417 [24 September 2019]

Citation

[2019] NZHC 2417
Court

High Court

The application was dismissed because it sought to re‑examine and quash convictions (which s14(2) of the Habeas Corpus Act precludes), was repetitive and barred by the Act's finality provision (s15), did not properly challenge the lawfulness of detention established by the warrant of commitment, and attempted improperly to use habeas corpus to obtain bail; appropriate remedies are appeal or prerogative of mercy.
4 Nov 2016

MERJ HOLDINGS LTD v SIPKA HOLDINGS LTD [2016] NZCA 521

Citation

[2016] NZAR 1505
Court

Court of Appeal

Leave to bring a second appeal was declined. The Court held the High Court has jurisdiction under s 76 of the District Courts Act to direct rehearing and to direct the District Court to consider matters for the first time, including permitting further evidence that was available at trial; that jurisdiction is broad and not limited to the trial court's own rehearing powers, though the power should be exercised sparingly; the exercise of discretion to remit in this case was not sufficiently arguable to warrant leave for a further appeal.