The case that eventually led to Justice Bill Wilson's resignation has still yet to be resolved.As a fresh-faced Court of Appeal judge in 2007, Justice Wilson was part of bench of three who overturned a High Court decision in the case between superfine woo
The case that eventually led to Justice Bill Wilson’s resignation has still yet to be resolved.
As a fresh-faced Court of Appeal judge in 2007, Justice Wilson was part of bench of three who overturned a High Court decision in the case between superfine wool producer Saxmere and the Wool Board Disestablishment Company (Disco).
The Court of Appeal has since reheard the case after the Supreme Court found that Justice Wilson should not have been involved because of his business relationship and financial indebtedness to Disco lawyer Alan Galbraith.
Round two of the Court of Appeal in the Saxmere case is still pending. To put this in perspective, Saxmere’s Peter Radford has claimed the company was forced to pay about $5 million in levies to the Wool Board when it should not have had to.
Since then, millions of dollars more have been spent in legal costs by both Disco and the Saxmere camp – much of it as a direct result of Justice Wilson’s involvement at the Court of Appeal in 2007 – much of which will be borne by the taxpayer including Justice Wilson’s nearly $1 million payout.
The Solicitor General is still sitting on invoices submitted by Saxmere and Disco lawyers as a result of the original Court of Appeal case that was quashed by the Supreme Court.
The National Business Review understands the Saxmere bill was approaching $1 million and Disco was likely to be much higher.
Then there is the cost of the Judicial Conduct Commissioner’s investigation and eventual recommendation to create panel to investigate further.
Commissioner Sir David Gascoigne engaged the services of former Australian Chief Justice Murray Gleeson and there was asked by a High Court judicial review to provide a more in-depth opinion.
All of this is now moot given Justice Wilson’s resignation. Acting Attorney-General Judith Collins has said there will be no further inquiry.
Saxmere lawyer Sue Grey said the issue was never about Justice Wilson.
“It was about the right to get a fair hearing,” Ms Grey said.
“But, this should not be the end of the process.
“An inquiry is needed to review what went wrong and to compensate those who have suffered injustice including my client Saxmere.
“The need a commission of inquiry in to the checks and balances on the judiciary and the competence and on whether the mandate of Crown Law and the solicitor general is adequate to ensure the law is upheld.”
Similarly, commercial lawyer and former Act Party MP Stephen Franks said as a result of the Justice Wilson scandal he wants to see the government lean towards a constitutional change to prevent similar circumstances from happening again.
“This has relieved us of a long embarrassing process, but doesn’t relieve us of the tiny hothouse legal world that we have here.”
Mr Franks said the issues created by the Justice Wilson debacle highlighted the need for a more independent higher court not associated with New Zealand.
Options, he said, included approaching the High Court in Australia or even discovering if using the Privy Council was possible again when issues of conflict arose.
Meanwhile, Justice Wilson’s boss, Chief Justice Dame Sian Elias has yet to respond to the news of his resignation.
Courts of New Zealand spokesman Neil Billington said it was likely the news would “possibly produce some sort of response.”
Sign up to get the latest stories and insights delivered to your inbox – free, every day.
