Supreme Court case information
Listed below are the substantive Supreme Court cases for the year along with appeals still to be determined or cases awaiting hearing.
Information giving an overview of the case is included along with media releases and links to judgments being appealed when available.
All 2024 - 2014 Supreme Court cases dismissed or deemed to be dismissed where a notice of abandonment was received can be found here.
Transcripts for cases heard before the Supreme Court are included provided they are not suppressed. Transcripts from pre-trial hearings are not published until the final disposition of trial. These are unedited transcripts and they are not a formal record of the Court’s proceedings. The Ministry of Justice does not accept responsibility for the accuracy or completeness of any material and recommends that users exercise their own skill and care with respect to its use.
23 December 2024
Case information summary 2024 (as at 23 December 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 23 December 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
The Attorney-General v Television New Zealand Ltd.
Case number
SC CIV 14/2004
Summary
Civil appeal - judicial review - whether granting a media interview to a detained person would risk undermining the administrative processes in which he was involved - whether involvement in such processes constitutes a limit on a detained person's freedom of expression. CA169/04 17 September 2004
Result
Leave to appeal refused. 14 October 2004
Leave judgment - leave dismissed
Case name
Edward Herbert Collingwood and Others v Minister of Internal Affairs, Hamilton City Council and Others.
Case number
SC CIV 15/2004
Summary
Appeal against refusal by Court of Appeal to grant leave to appeal out of time - appeal against further application for leave being struck out as an abuse of process. CA56/01 19 July 2004
Result
Leave to appeal refused. 2 November 2004 PDF 12kb
Leave judgment - leave dismissed
Case name
Latimer Holdings Ltd and John William Powell v Sea Holdings New Zealand Ltd.
Case number
SC CIV 16/2004
Summary
Civil appeal - appeal against the decision of the Court of Appeal dismissing an appeal from the interlocutory decision of the High Court entering summary judgment in favour of the respondent - whether detriment suffered by the applicant was within the category of unfair detriment in s174 Companies Act. CA 214/03 15 September 2004
Result
Leave to appeal dismissed. Costs to respondent $1000 and disbursements. 24 November 2004
Leave judgment - leave dismissed
Case name
Ponifasio Ioane v Waitakere City Council.
Case number
SC CIV 17/2004
Summary
Employment law - Whether the employee's own conduct was causative of his dismissal - Whether the Employment Court was obliged under the Employment Contracts Act 1991 to reduce the damages awarded to the employee - Whether the employee was unduly prejudiced by the Employment Court's failure to explicitly state that medical evidence could be adduced at a resumed hearing. CA 21/03 9 September 2004
Result
Leave to appeal dismissed. 3 December 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Garry Albert Muir and others v Commissioner of Inland Revenue.
Case number
SC CIV 18/2004
Summary
Appeal from decision of Court of Appeal dismissing an appeal of the High Court's decision to discharge confidentiality orders - the application of "open justice" principles to tax cases in light of the confidentiality and fairness provisions in the Tax Administration Act 1994. CA 185/04 14 October 2004
Result
Leave to appeal dismissed. Interim stay of Court of Appeal judgment set aside. 15 November 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Attorney-General v Ahmed Zaoui, Inspector General of Intelligence and Security, and Human Rights Commissioner
Case number
SC CIV 19/2004
Summary
Civil appeal - judicial review of the standard to be applied by Inspector General in reviewing a security risk certificate issued under Part A of the Immigration Act 1997 in respect of a refugee who is said to be a threat to national security - whether Inspector General required to take into consideration New Zealand's international obligations, including but not limited to, the Refugee Convention - if so, what standard of risk does international law require before certificate can be confirmed. CA20/04 19 November 2004
Result
Leave to appeal granted.
3 February 2005
_______________________
The first respondent is granted leave to cross appeal. The declarations made by the Court of Appeal are set aside. The Court makes the following declarations: 1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial. 2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.
21 June 2005
3 February 2005
_______________________
The first respondent is granted leave to cross appeal. The declarations made by the Court of Appeal are set aside. The Court makes the following declarations: 1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial. 2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.
21 June 2005
Substantive judgment
Appeal Hearing Date
12 and 13 April 2005
Judgment appealed from
Case name
Ngahuia Reihana Whanau Trust v Mavis & Earl Flight and Ngahuia Kakahi Reihana Trust.
Case number
SC CIV 20/2004
Summary
Civil appeal - Whether an earlier judgment of the Court of Appeal should have been recalled - Whether the applicant was able, in the earlier hearing, to present adequate arguments in relation to the central legal principle. CA23/03 26 July 2004
Result
Leave to appeal declined. 8 November 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Alison Mary Davidson v ASB Bank Ltd.
Case number
SC CIV 21/2004
Summary
Civil appeal - whether public policy should prevent recovery under an indemnification agreement against a trustee personally when the principal debt is unenforceable against the Trust - whether unenforceable debt falls within indemnification clause. CA95/03 8 October 2004
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 9 December 2004
Judgment appealed from
Case name
Calan Healthcare Properties Limited v Richard John Ord and Colleen Mary Fenton.
Case number
SC CIV 22/2004
Summary
Civil appeal - whether the lodging of an updating share transfer, which gives effect to a change of trustee, establishes that "a shareholder is intending to transfer any shares", and thus triggers rights of pre-emption under the appellant's constituion - propoer approach to interpretation of a constitution. CA31/04 CA165/04 7 October 2004
Result
Application for leave to appeal is dismissed. Costs to Respondents of $2,500 plus disbursements to be fixed if necessary by the Registrar. 27 April 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
Parsoa Bahramitash v Stish Kumar and Sunila Kumar
Case number
SC CIV 23/2004
Summary
Civil appeal - Conveyancing - Whether the Court of Appeal erred in ordering specific performance - Whether the remedy of specific performance is reserved by clauses 9.5 and 9.7 of the REINZ-ADLS standard form agreement for sale and purchase - Whether clause 4.2(2) provides an exclusive remedy and ousts the application of equitable principles. CA 51/04 8 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 3 March 2005 ______________________ Appeal dismissed. Costs to respondent $15,000 plus disbursements. Reasons now added. 30 June 2005
Leave judgment - leave granted
Reason for judgment
Judgment appealed from
Substantive judgment
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