NEW ZEALAND SUPREME COURT BENCH CAUGHT ISSUING MISLEADING PRESS RELEASE
Posted On: Monday, 5 December 2011
FRAUDER IN THE COURT
6 December 2011
The New Zealand Supreme Court is again in the spotlight for the wrong reasons, after misrepresenting a judgment and then issuing a "
press release" promoting the false factual and legal position.
The Supreme Court Judgment in
Siemer v Heron was released amid fanfare on 8 November 2011 as a "unanimous dismissal" of the appeal against a Court of Appeal judgment which declared no direct right of appeal existed to a judge's order imposing security for costs.
However, in point of fact the Judgment ruled in favour of the direct right of appeal, which was the only approved ground, with the majority deciding in a 4 to 1 split to overturn the Court of Appeal and, with it, the earlier decision of perennial High Court blunderer
Geoffrey Venning J.
The defendant Michael Heron is the son of deceased High Court Justice Dick Heron and is himself a lawyer with Russell McVeagh.
The appellant Vince Siemer is the publisher of Spartan News Limited and this website.
The claim stems from an alleged assault by Heron at a 2007 Vector shareholder meeting in Auckland, but proceedings have been on hold because Siemer has not paid $22,000 in security for costs judges have required of him before a hearing will be set in the district court.
After the public misrepresentation of the judgment by the Supreme Court, Heron's lawyers applied to New Zealand's highest court for a $15,841 costs judgment against Siemer, stating "The respondents were the successful parties to the appeal".
recall application against the judgment and press release has been filed with the Supreme Court. A judicial misconduct
complaint has also been filed with the Office of the Judicial Conduct Commissioner against the five permanent judges of the Supreme Court who signed off on the alleged deception.