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Peter Churchman - Court of Appeal

In chronological order the reported cases are:

Waitaki New Zealand Refrigerating Limited v New Zealand Meat Workers Union [1985] ACJ 983. This was a significant case relating to the definitions of strike and lockout.

Patterson v Patterson (1987) 4 NZFLR 542. This was a matrimonial property appeal relating to division of extensive farming assets.

Police v Vialle [1989] 1 NZLR 521. This was a criminal appeal on a novel point. It was a case where the High Court had upheld a defence of “superior orders” relating to a soldier charged with a criminal offence. This was the first time such a defence had been successfully relied upon in New Zealand. The Court of Appeal dismissed the Crown’s appeal.

New Zealand Meat Workers Union v Alliance Freezing Company Southland Limited [1991] 1 NZLR 143. This case was significant in its interpretation of the words “not inconsistent with” in relation to collective employment agreements (then called Awards) and individual employment agreements. It remains a significant legal precedent today.

Holmes v Booth (1993) 2 NZCONV.C 191,633. This was a decision relating to affirmation of a contract to purchase a commercial building.

Fleming v Beevers [1994] NZFLR 108. This was a constructive trust case involving issues of equity and the division of assets following the termination of a de facto relationship.

Webb v Dunedin City Council [2000] 2 ERNZ 471. This was an appeal in relation to a personal grievance relating to an alleged failure to provide a safe workplace.

Attorney General v David [2001] 1 ERNZ 291. This was an application by the Attorney General to appeal a significant Employment Court decision which overturned certain procedures that had been adopted by the Employment Relations Authority.

Te Runanga o Ngai Tahu v Waitangi Tribunal [2002] 2 NZLR 179. This case arose from a procedural determination by the Waitangi Tribunal and focused on issues of procedure before a commission of inquiry. The underlying issues related to Waitangi Tribunal claims in the Northern South Island. There was a further (unreported) leave application to the Court of Appeal by the unsuccessful appellant for leave to appeal to the Privy Council which was declined and then further leave application direct to the Privy Council (also declined) the following year.

Kiwi Property Holdings Limited v Shortland Properties Limited [2002] 2 NZLR 645. This was a case involving an interpretation of provisions of the Takeovers Code relating to an abortive takeover of one property company by another.

Ngati Apa v Attorney General [2004] 1 NZLR 462. This involved judicial review proceedings relating to a decision of the Maori Appellate Court and an interpretation of s.6A of the Waitangi Tribunal Act.

Warwick Henderson Gallery Ltd v Emma Weston [2005] 1 ERNZ 86. This was a successful appearance in the Court of Appeal for an employer opposing an application for leave to appeal on costs issues and related matters.

Clark v Libra Developments Ltd & R E Hyslop [2007] 2NZLR 709. This case involved a variety of issues relating to Partnership and Company Law including the first judicial consideration of the effect of S 330(2) of the Companies Act.

Clark v Libra Developments Ltd & R E Hyslop [2008] NZCA 416 This case related to the extent to which a succesful plaintiff was entitled to equitable remedies for breach of a fiduciary duty in relation to a commercial transaction.

Gachot v Sanson [2009] NZCA 86 This case involved the successful defence of an appeal by a party to a commercial transaction in relation to a finding that there was an enforceable guarantee given by him.

Bluestar Print Group (NZ) Ltd v David Mitchell CA 189/2009 [2009] NZCA 323, 23 July 2009 In this case I was appointed as an amicus by the Court of Appeal in a leave application related to the issue of Calderbank offers and costs.

Bluestar Print Group (NZ) Ltd v David Mitchell CA 504/2009 [2010] NZCA 385 Substantive decision where the Court of Appeal altered the law relating to the significance of “vindication” relating to Calderbank offers in proceedings relating to employment relationship problems.