21 Jun 2021
The Court allowed the appeal, set aside the District Court's summary judgment on all causes of action except the s 22 CCCFA claim, and remitted the proceedings to the District Court for determination; no order as to costs was made.
12 Nov 2020
Leave was refused because Shelf admitted vacating the premises, Frema accepted the abandonment (engaging an agent and selling with vacant possession) which supports a finding of surrender and a contrary intention under s 233, and the proposed appeal did not raise a bona fide and serious question of sufficient importance given the delay, costs, the respondent's age and the modest quantum at issue (~NZD 118,000), so further appeal was unjustified.
24 Sept 2020
The High Court allowed the appeal because the newly disclosed matrimonial and relocation evidence was fresh, credible and could not with reasonable diligence have been produced before the conviction; the conviction's entry caused unfairness by depriving the defendant of the opportunity to apply for a discharge without conviction under s106; the Court therefore quashed the conviction under its appellate jurisdiction (s229 CPA) and remitted the matter to the District Court for sentencing and consideration of any s106 application.
22 Feb 2019
The trial Judge's credibility and factual findings were not shown to be in error and the conviction is upheld; however, because the sentencing Judge did not consider (and the appellant did not make) an application for discharge without conviction, the conviction and sentence are set aside and the matter remitted to the District Court to allow the appellant to apply for a discharge without conviction or be re-sentenced.