Pawel Marian Misiuk v Chief Executive Dept of Corrections
[2011] NZSC 122
•10 October 2011
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 88/2011 [2011] NZSC 122 |
| BETWEEN PAWEL MARIAN MISIUK |
| AND CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS |
| Court: Blanchard, Tipping and McGrath JJ |
| Counsel: Applicant in Person |
| Judgment: 10 October 2011 |
JUDGMENT OF THE COURT
The application for leave to appeal is dismissed. Costs are reserved.
REASONS
The application for habeas corpus had no prospect of succeeding as the applicant is being held in prison under a warrant of committal issued as a consequence of the imposition of a sentence of imprisonment which he is currently still serving. The appeal to the Court of Appeal[1] was therefore rightly dismissed and the application for leave to appeal to this Court cannot succeed. The arguments put forward by the applicant related to the processes of the Court of Appeal and provide no basis for a reconsideration of its decision. It was well open to the Court to make an award of costs as it did.
[1] Misiuk v Chief Executive of the Department of Corrections [2011] NZCA 318.
Solicitors:
Crown Law Office, Wellington for Respondent
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