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Link Technology 2000 Ltd v Attorney-General - [2006] 1 NZLR 1

$30.00

Court of Appeal Wellington
CA 191/03
5 July 2004; 3 March 2005
Anderson P, McGrath and O’Regan JJ
Constitutional law — New Zealand Bill of Rights Act 1990 — Whether monetary compensation for breach automatic or discretionary — Whether summary judgment on liability appropriate — New Zealand Bill of Rights Act 1990, s 21.
Practice and procedure — Summary judgment — Whether finding of fact and law on voir dire in criminal case gave rise to issue estoppel and/or res judicata in civil case — Whether finding in criminal Court on admissibility of evidence was judgment in rem — Whether issue estoppel applied to judicial review proceeding — Whether abuse of process to contest criminal Court finding of breach of s 21 of Bill of Rights Act in civil case for compensation — High Court Rules, RR 136 and 137.
Practice and procedure — Costs — Whether appropriate to award costs in Bill of Rights Act case — High Court Rules, R 46.

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