Van Silfhout v Pathirannehelage

[2023] NZSC 47

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 21/2023
 [2023] NZSC 47

BETWEEN	JOSHUA PERA VAN SILFHOUT Applicant
AND	UDAYA LAKSHMAN AGAS PATHIRANNEHELAGE Respondent

Court:	O’Regan and Ellen France JJ
Counsel:	D A Ewen for Applicant V E Casey KC as counsel assisting the Court
Judgment:	4 May 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (Van Silfhout v Pathirannehelage [2023] NZCA 5).

BThe approved question is whether the Court of Appeal was correct in its interpretation of s 64(1) of the Prisoners’ and Victims’ Claims Act 2005 which suspends the limitation period for a victim of an offence making a claim under that Act while the offender is “serving a sentence of imprisonment” and, in particular, in concluding that time spent in pre-sentence detention counts to extend the period of suspension.

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Solicitors:
Amanda Hill Law, Lower Hutt for Applicant