New Zealand Law Society - Courts roundup 4 August - 10 August 2022

Courts roundup 4 August - 10 August 2022

Courts roundup 4 August - 10 August 2022

Decisions, proceedings and news from the courts in some common law jurisdictions in the past week.

New Zealand Supreme Court

Family law, stay of proceedings

Newton v Family Court at Auckland [2022] NZSC 92 (29 July 2022)

Successful application for interim stay - On 20 June 2022, N applied for leave to appeal against CA decision - On 23 June 2022, applied for stay of execution of CA judgment pending resolution of their application for leave to appeal - There had been HC-ordered stay which lapsed following CA judgment - Sought interim stay until stay application dealt with – SC said in interests of justice to grant interim stay – Interim stay granted.

Self-represented litigant, judgment recall

Mailley v Shaw [2022] NZSC 93 (3 August 2022)

Unsuccessful leave application – Self-represented M sought leave to appeal against recall judgment where HC dismissed application to recall substantive judgment - In 2015, M and wife filed various civil claims relating to alleged errors in approach Standards Committee took with complaints made against M’s former lawyers - Lengthy and tortuous procedural history followed, as outlined in substantive judgment – SC said could not give leave to appeal unless satisfied that in interests of justice for Court to hear and determine appeal – Not case here – Application dismissed.

Sentencing Act, presumption in favour of life imprisonment

R v Van Hemert [2022] NZSC 94 (3 August 2022)

Successful leave application – Also successful time extension for leave applications relating to CA and HC decisions - Approved question whether CA correct to conclude presumption in favour of life imprisonment in s 102 Sentencing Act 2002 not displaced given circumstances of offence and of applicant – Applications granted.

New Zealand High Court

Sentencing, motor manslaughter

R v Gebhart [2022] NZHC 1899 (3 August 2022) Doogue J

Sentencing – G pleaded guilty to motor manslaughter of son - Unimpaired driver - No external explanation for crash - Seven years six months' imprisonment starting point reduced to five years - Disqualification from holding or obtaining driver's licence for seven years after release from prison.