5 Oct 2022
Because the appellant lodged and then withdrew the appeal, he was directly responsible for the respondents incurring costs; the court exercised its discretion to award the respondents costs on a 2B basis in the sum of $2,270.50 as reasonable.
4 Dec 2019
No miscarriage of justice was shown: the judge's prior sentence indication and courtroom interventions did not create an appearance of bias to a fair‑minded observer; the defendant's brief absence caused no prejudice (counsel was present and the evidence in his absence did not harm his defence); the late addition of charges and late notice of transcripts did not produce unfairness and the transcripts were lawfully disclosed under the Corrections Act; the trial judge gave adequate, articulated reasons for preferring the complainant's evidence and rejecting the defendant's; and the final senten…
31 Mar 2010
Once the High Court has granted leave under s162 it has jurisdiction to extend or amend grounds of appeal where, on review of the record, doing so is in the interests of justice and there is a seriously arguable case; accordingly the Court extended the grounds to include the 'deemed decision' and jurisdictional/merits questions and adjourned for further argument.
14 Dec 2009
The Court held that s34(3) of the Injury Prevention, Rehabilitation and Compensation Act 2001 preserves the right of health professionals and relevant organisations to be present and heard at reviews and appeals concerning decisions made before 1 July 2005; accordingly counsel for Professor Windsor and the Auckland District Health Board had standing. The Court declined to determine other contested issues (whether a deemed decision arose under s146; whether Judge Barber had jurisdiction to decide substantive issues; and whether Judge Barber erred by determining a 'personal injury' point not pl…