Date: Tue, 14 Mar 2006 12:03:17 -0700

From: Russell Brown

Subject: Exemplary Damages

Geoff,

You may find it takes awhile for those pending N.Z. cases to wind their way through to the Privy Council. Civil appeals from Canada to the Privy Council were abolished in 1949, but the odd case was still being heard as late as 1959 - i.e. Ponoka-Calmar Oils Ltd. v. Earl F. Wakefield, [1960] A.C. 18.

With best wishes,

Russ Brown

Russell Brown
Assistant Professor
Faculty of Law
University of Alberta
435 Law Centre
Edmonton, Canada
T6G 2H5

tel. 1-(780) 492-1962
fax 1-(780) 492-4924

>>> Geoff McLay 3/14/2006 10:02 AM >>>

Jason (and others)

It takes a long time to kill off a couple of hundred years of history.

Appeals to the Privy Council were abolished 18 months ago for cases heard by the Court of Appeal - so this case can only be appealed to the new New Zealand Supreme Court. However, there are still a number of cases heard by the old Court of Appeal before June 2003 then that can go to London. I know of at least one civil case (on the scope of a lawyer's retainer) that is still pending and won't be heard until the end of the year.

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