Taylor v Jones; Skelton v Jones
[2006] NZSC 104
•6 December 2006
IN THE SUPREME COURT OF NEW ZEALAND
SC 88/2006
[2006] NZSC 104BETWEENNIKALA JANICE TAYLOR
Appellant
ANDCHRISTOPHER DEAN JONES
Respondent
SC 90/2006
AND BETWEEN KAY HALTON SKELTON
Appellant
ANDCHRISTOPHER DEAN JONES
Respondent
Hearing:6 December 2006
Court:Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ
Counsel:W C Pyke for N J Taylor
D P H Jones QC for K H Skelton
T Sutcliffe and L F Walkington for Respondent
Judgment:6 December 2006
JUDGMENT OF THE COURT
In relation to Ms N J Taylor:
A Leave to appeal is granted.
BThe order for habeas corpus made by Heath J in the High Court on 18 October 2006 was a final order and accordingly the Court of Appeal had jurisdiction to hear and determine the appeal.
CThe appeal is allowed. The orders for habeas corpus and other orders made by the High Court on 18 October 2006, except Order No. 9 relating to publication of the name of Nikala J Taylor, are quashed in respect of this appellant.
DThe order for suppression of this appellant’s name, made by the High Court on 18 October 2006, is to lapse at 9 a.m. on 7 December 2006.
EThe sealed affidavit by this appellant, held on the Court file, and any copies, must be returned to Mr W C Pyke.
F Costs are reserved.
In relation to Ms K H Skelton:
A Leave to appeal is granted.
BThe order for habeas corpus made by Heath J in the High Court on 18 October 2006 was a final order.
C The appeal is dismissed.
D Costs are reserved.
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[1] We are not prepared to make any suppression orders in respect of the proceedings in this Court,
[2] Reasons for judgment will be given in due course.
[3] We wish to make it clear that the order of Keane J imprisoning Ms Skelton was not the subject of any separate appeal to this Court.
Solicitors:
Swarbrick Dixon, Hamilton for N J Taylor
Tristram Law Centre, Hamilton for K H SkeltonTill Henderson King, Hamilton for Respondent
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