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CASE LIST
Cases that have been reported or noted (chronological order; all High Court unless otherwise shown):

Court/Proceeding Notes
T D Haulage Ltd v M K Hunt Foundation Ltd (1986) 1 PRNZ 668 Practice and procedure - discovery - commercial sensitivity - whether inspection to be allowed and on what terms (with Mr M S Cole).

Scott v Sullivan (1986) 3 PRNZ 588

Practice and procedure - affidavit - requirement for witness to be produced for cross examination
Allco Agencies Auckland Ltd v Naidoo (1987) 2 NZELC 95,923 Employment law - confidential information - trade secrets
Alderton & Kingston Nominees Ltd v MacDonald (1988) 1 PRNZ 550 Summary judgment - compliance with rules - Rule 5 - exercise of discretion - issues of quantum
Tru Tone Ltd v Festival Records Retail Marketing Ltd [1988] 2 NZLR 352 Court of Appeal Commercial law - Commerce Act - maximum retail pricing - standard of proof - dominance in market - definition of market - whether substantial lessening of competition (with Mr R H Hansen, as he was then)
Metropolitan Life Assurance Co of NZ v Triple M Ltd (1989) 4 NZCLC 64,821 Commercial law - application for interim relief - Broadcasting Regulations 1977 (with Mr R H Hansen, as he was then)
Kiwi Co - operative Diaries Ltd v Capital Diary Products Ltd (1989) 1 PRNZ 622 Intellectual property - injunction - distributing milk product with Kiwi bird design and name - breach of trade mark - Fair Trading Act
Willems v Stars Corporation Ltd & Ors (1989) 5 NZCLC 66,113 Companies - injunction - sales to directors at alleged undervalue - oppression on minority
R J Hay v Laurent Construction Ltd & Ors (extract) (1990) 1 NZ ConvC 190,387

Contract - whether obligations discharged - Frustrated Contracts Act

Phillips v Foster [1991] 3 NZLR 263 Court of Appeal Income tax - whether agreement illegal as amounting to tax evasion - Fair Trading Act
Stephens v Stephens [1991] 1 NZLR 633 Practice and procedure - costs against party and solicitor - whether Master had jurisdiction - Master's decision per incuriam - Judicature Act - High Court Rules
Paerata Hotels Ltd v Dominion Breweries Ltd; Portrose Investments Ltd v Dominion Breweries Ltd (1992) 5 TCLR 74 Commercial law - arbitration - application for stay (the Paerata case) and re scope of arbitration clause (the Portrose case)
Arklow Investments v Wingate & Ors (1994) 8 PRNZ 188 Practice and procedure - security for costs
Greenpeace NZ Inc v Minister of Fisheries & Ors [1995] 2 NZLR 463 Contempt of Court - injunction to prevent publication of article - observations as to New Zealand Bill of Rights Act 1990
Kang v Hyundai Electronic  Industries Co Ltd (1996) 8 PRNZ 628 Court of Appeal Summary judgment - foreign defendant in New Zealand - protest to jurisdiction struck out
Commerce Commission v Noel Leeming Ltd [1996] DCR 311 District Court Prosecution under Fair Trading Act - interest free promotions
Man O'War Station Ltd v Auckland City Council [1996] 3 NZLR 460 Public reserves and domains - land taken for defence purposes designated historic reserve - whether easement is 'land' for purposes of Reserves Act - surrender of easement (with Mr A R Galbraith QC)
Plumley v Ellis & Ors [1997] 2 NZLR 579 Arbitration - witness - power of High Court to subpoena witness from Australia - taking evidence by video link

Commerce Commission v Taylor Preston Ltd & Ors [1998] 3 NZLR 498

Commercial law - Commerce Act - penalties - interpretation - ss. 27, 30 and 80 Commerce Act

Commerce Commission v Taylor Preston Ltd & Ors (1998) 6 NZBLC 102,598

Commercial law - Commerce Act - 'sentencing' - agreed penalties for anti - competitive discussions endorsed
Reid v Wilkins (1999) 13 PRNZ 119 Court of Appeal Practice and procedure - whether appeal to be dismissed for want of prosecution

Auckland City Council v Man O'War Station Ltd [2000] 2 NZLR 267

Property law - indefeasibility of title - whether implied dedication defeated by subsequent transfer of registered title (with Mr A R Galbraith QC)

Leaderbrand Produce Ltd v Primor Produce Ltd [2001] DCR 536 District Court

Breach of contract - estoppel - Fair Trading Act

Man O'War Station Ltd v Auckland City Council [2001] 1 NZLR 552 Court of Appeal

Practice and procedure - bias - whether appearance of bias where appellate Judge and trial witness known to each other (with Mr A R Galbraith QC)
Farrelly v Gruar [2001] NZFLR 212 Court of Appeal Family law - de facto relationships - constructive trust - direct and indirect contributions to relationship.
Man O'War Station Ltd v Auckland City Council Judicial Committee of the Privy Council Judgment No 1 [2002] 3 NZLR 577 Judgment No 2 [2002] 3 NZLR 584 Judgment No 1: Judiciary - apparent bias Judgment No 2: Highways and roads - implied dedication - whether owner of land had intention that road should be used by public as of right - Waiheke Island eastern end roads (with Mr A R Galbraith QC)
Newman & Ors v Stone & Ors (2002) NZCLC 103,514 Contract - place where contract entered into - issues as to forum non conveniens
Jenkins v Dentists' Disciplinary Tribunal [2002] NZAR 542 Dentist Disciplinary - name suppression


Cases which have been noted but not reported**

Alexander v Markham & Partners [1986] BCL 811, 809; [1987] NZLJ 55

Nominated Securities Ltd & Anor v Chase Group Ltd & Ors [1986] BCL 756

Ashby v Lifestyle Homes (NZ) Ltd [1986] BCL 1530; (1991) 6 Auckland University Law Review 581; (1987) 4 BCB 175

Dowell v NZ Underwater Association [1988] BCL 227

Wilson v Baron of Beef Ltd [1989] BCL 900

Telecom v Sanda Communications (NZ) Ltd [1989] BCL 1826

Vincent v Thompson [1989] BCL 472, 434

Sail City Motors North Shore v Reddish & NZ Guardian Trust & Anor [1990] BCL 221, 180

Foster & Hansen v Phillips (in the High Court) [1990] BCL 1994; [1990] NZ Recent Law Review 332

NZ Timberlands v Tasman Pulp & Paper Co Ltd [1990] BCL 1987; [1990] NZ Recent Law Review 285

Prolog Industries Ltd v Tasman Pulp & Paper Co Ltd [1992] BCL 147

Dominion Breweries v Countrywide Banking Corporation [1992] BCL 1851, 178 (Court of Appeal)

Whitehead & McBeath v Nelson [1992] BCL 2160; NZCLD (second series) J - 113 Tasman Pulp & Paper Ltd & Ors v NZ Forestry Corporation & Attorney - General [1993] BCL 151,149

Peat Mine Ltd v Rural Research Ltd [1994] BCL 1533 (per Smellie, J) and [1994] BCL 1684 (per Hammond, J)

Commerce Commission v Noel Leeming [1996] BCL 1125

Greenpeace NZ Inc v Minister of Fisheries & Ors [1996] BCL 2; [1997] NZ Law Review 202; [1999] NZLJ 194

South Taranaki Energy Users’ Group v South Taranaki District Council [1997] BCL 967; [1998] NZ Law Review 416; [1997] NZ Law Review 506; [1999] NZLJ 196

Tasman Pulp & Paper Co Ltd v Greenpeace NZ Inc. [1998] BCL 621

Greenpeace NZ Inc & Ors v Minister of Health [1999] BCL 655, 637


** Not including matters that are not noted or which are listed in The Capital Letter only.





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