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Peter Churchman - High Court First Instance Work Much of Peter's High Court first instance work hasinvolved a variety of civil litigation either commercial disputes or public law matters. Peter has been counsel in many applications for judicial review, or declarations. Some of the more recent interesting declarations have included: Pharmaceutical Society of New Zealand v Barron [2003] 3 NZLR 69. This case involved issues important to the pharmacy profession as to interpretation of the legislation restricting the number of pharmacies in which a pharmacist could hold an interest.
Fogelberg v Association of University Staff of New Zealand Inc. [2000] 2 ERNZ 196. This declaration involved an interpretation of section 149 of the Human Rights Act and the application of the compulsory retirement provisions.
Ngati Apa Ki Te Waipounamu Trust v Attorney General [2003] 1 NZLR 779. This involved complicated proceedings relating to a decision of the Maori Land Court on the referral of a matter to it by the Waitangi Tribunal pursuant to section 6A of the Treaty of Waitangi Act 1975.
Walsh (Vice-Chancellor of VictoriaUniversity of Wellington) v VictoriaUniversity Student’s Association & others (Unreported, High Court, Wellington,CIV-2005-485-2038, 3 Oct 2005, Ronald Young J.) This case involved an application for an interim injunction alleging breach of confidence. An interim injunction was successfully obtained for Victoria University of Wellington on the grounds that information which had been supplied to the media was confidential and had been supplied in breach of the fiduciary and other obligations of those to whom it was entrusted.
Much of Peter's first instance criminal work in the High Court has been prosecution of a variety of serious criminal charges for the Crown. Peter has periodically appeared for the defence in first instance High Court criminal matters, an interesting one being the case of The Queen v McKie in October 2000 defending a manslaughter charge brought against a Railway locomotive driver after a fatal accident.
Libra Developments Limited & R Elizabeth Grace Strachan v Denbigh Property Limited High Court Palmerston North, 25 August 2010,Gendall Associate J, CIV 2010-454-232 This was a successful defence of an application for injunctive relief in relation to the publication of a winding up application. Elizabeth Grace Strachan v Denbigh Property Limited High Court Palmerston North, 17 December 2010,Gendall Associate J, (2011) 10NZCLC 264, 813 This case involved a contested hearing as to whether the grounds for liquidation in s241 of the Companies Act were made out or whether alternative remedies such as an order under s 145 of the Companies Act 1993 should be granted. Libra Developments Ltd and R E Hyslop v L A Clark High CourtDunedin, 21 March 2011, Chisholm J, CIV-2002-412-000039 This case involved rulings on a range of issues relating to the quantification of various losses, including loss of a chance, consequent on a breach of fiduciary duties by the defendant. |
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