Peter Churchman - High Court Appellate

Since 1982 Peter has appeared regularly in civil, criminal and family appeals to the High Court.   Most of the appeals have been of a routine nature and relatively few have been reported. 
 
C v District Court at Dunedin (unreported) 1993 Holland J. This was a successful application to judicially review the Chief Youth Court Judge in relation to direction by that Judge as to whether or not a young person charged with very serious criminal offending should be tried in the Youth Court or the High Court. 
 
Police v Vialle. This was a successful criminal appeal from the District Court to the High Court subsequently appealed further by the Crown to the Court of Appeal. 

A number of matrimonial property cases were also appealed to the High Court. A typical recent example being Cassidy v Cassidy [2003] 1 NZLR 826. This case involved some interesting issues about whether or not substantial items of property could be said to have been “acquired out of” relationship property. 
 
A number of Planning Tribunal/Resource Management cases were also appellate work in the High Court. Some significant examples include Foodstuffs (South Island) Limited v Christchurch City Council [1999] NZRMA 481. This was a major case interpreting section 7 of the Resource Management Act; and Queenstown Casinos Limited v Dunedin City Council [1998] NZRMA 209. This case raised important issues regarding the issue of compliance certificates by a local authority.

Allan Scott Wines & Estates Holdings Limited v Lloyd CIV 2006-406-32 High Court Blenheim 20 July 2006 Gendall J. This was a case involving the distinction between misnomer and misjoinder and the power of the Court to amend the name of one of the parties after judgment. It also involved issues of land law.


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