New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Finality of applications

Legal area

Court

14 May 2019

SMITH v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2019] NZHC 1054 [14 May 2019]

Citation

[2019] NZHC 1054
Court

High Court

The Registrar was directed not to accept the documents for filing because they were unintelligible, did not amount to an originating habeas corpus application under s 7(1), did not seek identifiable relief, and accepting them would be an abuse of the court's process; those defects justified refusal notwithstanding that a prior judicial restriction on filing no longer applied.
11 Jan 2018

SMITH v DEPARTMENT OF CORRECTIONS [2018] NZHC 2380

Citation

[2018] NZHC 2380
Court

High Court

Section 15(1) of the Habeas Corpus Act 2001 bars re-litigation of substantially the same questions; because the present application was substantially identical to an earlier final application, it was barred and must be dismissed.
17 Feb 2012

MISIUK V THE ATTORNEY GENERAL COA CA846/2011

Citation

COA CA846/2011
Court

Court of Appeal

Section 15(1) of the Habeas Corpus Act 2001 precluded the High Court from entertaining a further application that would re-examine substantially the same questions; therefore the High Court should not have accepted the application for filing and the appeal to the Court of Appeal is struck out.