MAFART And PRIEUR V TELEVISION NEW ZEALAND LIMITED SC 50/2005 [11 May 2006]

IN THE SUPREME COURT OF NEW ZEALAND

SC 50/2005

[2006] NZSC 33

BETWEEN ALAIN MICHAEL YVES MAFART AND DOMINIQUE ANGELA FRANCOISE PRIEUR

Appellants

AND TELEVISION NEW ZEALAND LIMITED

Respondent

Hearing: 22 November 2005
Court: Elias CJ, Blanchard, Tipping, McGrath and Eichelbaum JJ
Counsel: G P Curry and S L Cogan for Appellants
W Akel for Respondent
Judgment: 11 May 2006

JUDGMENT OF THE COURT

A. The Court of Appeal has jurisdiction under s 66 of the Judicature Act 1908 to hear an appeal from a determination of a Judge of the High Court on an application under the Criminal Proceedings (Search of Court Records) Rules 1974. The Court of Appeal was wrong to hold it had no jurisdiction and the appeal on this point is allowed.

B. The case is remitted to the Court of Appeal for determination of the appeal from the judgment of Simon France J dated 23 May 2005.

C. The respondent must pay the appellants $15,000 for their costs with disbursements to be fixed if necessary by the Registrar.

Costs in the Court of Appeal are reversed in favour of the appellants.

See... Full Judgment (PDF)

ENDS