Recent and Notable Cases
Sarah was lead counsel in the following cases, unless otherwise noted.
- WK v RPO  NZSC 91; WK v RPO  NZCA 258; WK v RPO  NZHC 514: refugee law; test for unreasonableness in refugee claims (Wednesbury applies); application of sur place; no admission of new evidence of new events on appeal.
- GXL Royalties Limited v Minister of Energy CA304/2009 19 May 2010: (junior counsel): oil and gas regulation; Minister’s failure to take into account special circumstances.
- Matua v Minister of Immigration  NZHC 2078 immigration law; unreasonableness; failure to take into account mandatory considerations; and irrelevant considerations.
- Advising on various other matters concerning the legality of decision-making processes, ultra vires and natural justice, including legality of tenders, cancellation of contracts, and the lawfulness of statutory management.
Commercial litigation, and regulatory
- Greymouth Gas Kamiro Limited & Anor V GXL Royalties Ltd SC 98/2009 30 March 2010 (junior counsel) oil and gas; contract law; pleading to a collateral purpose in the exercise of a contractual right.
- advising on Securities Act compliance and preparation for a significant national merger and applications to the court re same;
- the application of free trade agreements to multi-national corporations trading with New Zealand.
- Acting for a large Supermarket chain in response to staff fraud
- Acting for a national bank, largest fraud by staff member, interim injunction; and
- Advising on next steps where payment made on basis of fraudulent statement.
Care and protection of children and young people, and role of the state
- C (CA203/2017) v R  NZCA 315: non-party disclosure; application by defendant for disclosure of information concerning the complainant (child) held by Oranga Tamariki;
- Chief Executive of the Ministry for Vulnerable Children v Grant-Shepherd & Ors  NZHC 1260 Jurisdiction of courts to make a statutory order appointing “special guardianship” under the Oranga Tamariki Act
- L & T v Chief Executive of Ministry for Children, Oranga Tamariki  NZCA 517: Habeas corpus, and ability of state to impose custody over unborn child.
Appeals, civil procedure, and applications
- Job Service Centre v Labour Inspector  NZCA 464: jurisdiction of Employment Court to impose fines for non-compliance with its orders
- WK v RPO  NZHC 618; WK v RPO  NZHC 683: Interim relief – jurisdiction and principles; refugee law.
- S v Midcentral District Health Board (No 2)  NZAR 342 (junior counsel) negligence and NZBORA;
- Cullen v Chief Executive of the Ministry of Health  NZHC 764 use of title “Dr” unregistered persons providing health services under the Health Practitioners Competence Assurance Act 2003
- appearing as sole counsel for the Accident Compensation Corporation in more than 20 appeals concerning medical misadventure and personal injury;
- seeking court orders for property management, harassment, and medical treatment for MidCentral DHB and Capital and Coast DHB