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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
Mortgage Administration Services (Calibre) Limited v Calibre Financial Services Limited
Case number
SC 132/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that the first appellant was liable to indemnify the respondent for the GST sum payable on the mortgage advanced by the respondent – Whether the Court of Appeal erred in finding that the first appellant’s counterclaim could not succeed as the agreement underlying it had been terminated.
Leave judgment - leave dismissed
MORTGAGE ADMINISTRATION SERVICES (CALIBRE) LIMITED v CALIBRE FINANCIAL SERVICES LIMITED [2014] NZSC 14 [4 March 2014] (PDF, 46 KB)
Dates

The application for leave to appeal is dismissed.

The first applicant must pay the respondent costs in the amount of $2,500.
4 March 2014.

[2013] NZCA 503  CA 538/2012
Case name
Stephen Ross Tebbs v The Queen
Case number
SC 133/2013
Summary
Criminal Appeal – Land Transport Act 1998 – Whether or not the blood sample relied on by the police was taken in accordance with “ normal medical procedure”
Leave judgment - leave dismissed
TEBBS v R [2014] NZSC 16 [5 March 2014] (PDF, 51 KB)
Dates

Application for leave to appeal dismissed.

5 March 2014

[2013] NZCA 523  CA 160/2013
Case name
Razdan Rafiq v The Chief Executive of the Ministry of Business, Innovation and Employment.
Case number
SC 134/2013
Summary
Civil appeal – Whether Court of Appeal was correct to dismiss application to review the Registrar’s decision refusing to waive security for costs – Whether waiver of security for costs is in the interests of justice.  [2013] NZCA 586  CA 577/2013
Result
Application for leave to appeal dismissed.
19 February 2014
Leave judgment - leave dismissed
RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 7 [19 February 2014] (PDF, 41 KB)
Recall judgment
RAZDAN RAFIQ v THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZSC 104 [6 August 2014] (PDF, 47 KB)
Case name
John Alfred Vogel v The Attorney-General and others
Case number
SC 135/2013
Summary
Civil Appeal – Prisoners’ and Victims’ Claims Act 2005, s 13 - Whether the Court of Appeal erred in declining to make an award of damages in favour of the applicant following a breach of his rights under s 23(5) of the New Zealand Bill of Rights Act 1990 and s 33(3)(g) of the Penal Institutions Act 1954.[2013] NZCA 545  CA 171/2012
Leave judgment - leave dismissed
JOHN ALFRED VOGEL v ATTORNEY-GENERAL [2014] NZSC 5 [19 February 2014] (PDF, 57 KB)
Dates

Application for leave to appeal dismissed.
19 February 2014.
Case name
Stanley Williard Hamon v The Queen
Case number
SC 136/2013
Summary
Criminal Appeal – Evidence Act 2006 – Whether the Court of Appeal erred in stating the law applicable to appeals brought on the basis of recanted evidence – Whether the Court of Appeal erred in determining that the recantation was untrue and there should be no retrial.[2013] NZCA 540  CA 183/2013
Leave judgment - leave dismissed
STANLEY WILLARD HAMON v R [2014] NZSC 39 [16 April 2014] (PDF, 92 KB)
Dates

Application for leave to appeal dismissed.

16 April 2014
Case name
Vincent Ross Siemer v Attorney-General
Case number
SC 137/2013
Summary
Civil appeal – whether the Court of Appeal erred in upholding the decision of the Registrar of that Court not to dispense with security for costs.  [2013] NZCA 540  CA 309/2013
Leave judgment - leave dismissed
VINCENT ROSS SIEMER v ATTORNEY-GENERAL OF NEW ZEALAND [2014] NZSC 8 [19 February 2014] (PDF, 80 KB)
Dates

Application for leave to appeal dismissed.
Costs $2,5000 to the respondent plus reasonable disbursements.
19 February 2014.
Case name
Vincent Ross Siemer v Michael Richard  Heron and others
Case number
SC 138/2013
Summary
Civil Appeal – Judicature Act 1908 – Whether the decision of the Associate Judge was made in chambers or in open court – Whether the Associate Judge’s decision could be the subject of a direct appeal to the Court of Appeal – Whether any of the Judges in the Court of Appeal had a conflict of interest or apparent bias.[2013] NZCA 599  CA 442/2013
Leave judgment - leave dismissed
VINCENT ROSS SIEMER v MICHAEL RICHARD HERON [2014] NZSC 35 [4 April 2014] (PDF, 59 KB)
Dates

The application for leave to appeal is dismissed.

The applicant is to pay costs of $2,500 to the second respondent.

4 April 2014.

Application for recall dismissed.

8 April 2014.
Case name
Gibbston Downs Wines Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 139/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 82/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
Case name
Spinach Design Limited v Property Ventures Limited (in receivership and liquidation)
Case number
SC 140/2013
Summary
Civil appeal – Whether a liquidator can issue a statutory demand in relation to a debt owed to the company that is subject to a charge or in respect of which a receiver has been appointed by a secured creditor – Whether Court of Appeal erred in its interpretation of s 254 of the Companies Act 1993 – Whether Court of Appeal erroneously admitted affidavit evidence from respondent and placed too much weight on it in reaching its decision – Whether section 50 of the Property Law Act 2007 applied.[2013] NZCA 546  CA 83/2013
Leave judgment - leave dismissed
GIBBSTON DOWNS WINES LIMITED v PROPERTY VENTURES LIMITED (IN RECEIVERSHIP AND LIQUIDATION) [2014] NZSC 21 [17 March 2014] (PDF, 19 KB)
Dates

The applications for leave to appeal are dismissed.

The applicants, jointly and severally, must pay the respondent costs in the amount of $5,000 plus all reasonable disbursements to be fixed if necessary by the Registrar.

17 March 2014.
Case name
Firm PI 1 Limited v Zurich Australian Insurance Limited and Body Corporate 398983
Case number
SC 141/2013
Summary
Civil Appeal – Insurance – Earthquake Commission Act 1993 – Whether the Court of Appeal erred in finding that the clause in the insurance policy providing that the respondent’s liability would be limited to the amount of loss in excess of the cover under the Earthquake Commission Act limited the respondent’s liability for natural disaster damage from a single event to the difference between the maximum cover under the Act and the sum insured.[2013] NZCA 560  CA 3933/2013
Result
The application for leave to appeal is granted.

The question is whether the sum insured for buildings under the material damage section of the contract of insurance is inclusive or exclusive of sums payable to the insured by the Earthquake Commission under the Earthquake Commission Act 1993 for natural disaster damage to the insured’s buildings from the 22 February 2011 earthquake.

17 March 2014
__________________________
The appeal is dismissed.
The appellant must pay the first respondent costs of $25,000 plus reasonable disbursements.  We certify for two counsel.

15 October 2014
Media Releases
Substantive judgment
FIRM PI 1 LIMITED v ZURICH AUSTRALIAN INSURANCE LIMITED T/A ZURICH NEW ZEALAND [2014] NZSC 147 [15 October 2014] (PDF, 240 KB)
Leave judgment - leave granted
FIRM PI 1 LIMITED v ZURICH AUSTRALIAN INSURANCE LIMITED T/A ZURICH NEW ZEALAND LIMITED [2014] NZSC 19 [17 March 2014 (PDF, 36 KB)
Transcript

Hearing date : 3 July 2014

Elias CJ, McGrath, William Young, Glazebrook,  Arnold   JJ.
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