Kyung Yup Kim v The Prison Manager, Mt Eden Corrections Facility

[2012] NZSC 100

IN THE SUPREME COURT OF NEW ZEALAND

SC 80/2012
[2012] NZSC 100

BETWEEN  KYUNG YUP KIM
Appellant

AND  THE PRISON MANAGER, MT EDEN CORRECTIONS FACILITY
Respondent

Court:             Elias CJ, McGrath, William Young, Chambers and Glazebrook JJ

Counsel:         T Ellis and G K Edgeler for Appellant
A M Powell and D J Perkins for Respondent

Judgment:      16 November 2012

JUDGMENT OF THE COURT

ALeave to appeal is granted.

BThe approved ground is whether the Courts below were correct to dismiss the proceeding because the alleged deficiencies in the request to surrender and the application for a provisional warrant were not suitable for determination on a habeas corpus application.

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REASONS

1. The other proposed grounds raised by the appellant concern matters which are premature at this stage of the proceedings.

Solicitors:
Carole Curtis, Auckland for Appellant
Crown Law Office, Wellington for Respondent