Oiwen Huang v Manager Custodial Services

[2008] NZSC 50

IN THE SUPREME COURT OF NEW ZEALAND

SC 39/2008
[2008] NZSC 50

BETWEENQIWEN HUANG

Applicant

ANDTHE MANAGER OF CUSTODIAL SERVICES, AUCKLAND CENTRAL REMAND PRISON

Respondent

Court:Elias CJ, Blanchard and Wilson JJ

Counsel:F C Deliu for Applicant

C Inglis and V Casey for Respondent

Judgment:10 July 2008 

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.

REASONS

[1]       The applicant has made an urgent application for leave to appeal against a judgment of the Court of Appeal,[1] delivered yesterday, dismissing his appeal against the refusal of the High Court to issue a writ of habeas corpus.[2]

[1] [2008] NZCA 225.

[2]Huang v The Manager of Custodial Services, Auckland Central Remand Prison (High Court, Auckland, CIV 2008-404-004140, 7 July 2008, Venning J).

[2]       That appeal arose out of an allegation of bias against a District Court Judge who granted an application under s 60 of the Immigration Act 1960 for a warrant of commitment of the applicant.

[3]       Any issue which might possibly have arisen for consideration by this Court was overtaken when an application for an extension of that warrant was heard by a different District Court Judge yesterday.  Section 60(4) imports into an application for extension the provisions of s 60(2) and (3), which govern an application for a warrant.  The application for extension was therefore effectively a rehearing of the original application.

[4]       If the applicant wishes to pursue a claim for interim or final relief, he should do so in his judicial review proceedings in the High Court.[3]

[3]    CIV 2008-404-4139

[5]       The application for leave to appeal to this Court is dismissed.

Solicitors:
Equity Law, Auckland for Applicant
Crown Law, Wellington for Respondent