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
David Cullen Bain v The Queen
Case number
SC 13/2009
Summary
[2009] NZCA CA 769/2008 30 January 2009
Result
Application for leave to appeal granted.
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
Court of Appeal decision
Leave judgment - leave granted
BAIN V R SC 13/2009 [6 March 2009] (PDF, 12 KB)
Additional document
Transcript hearing date 2 March 2009 (PDF, 352 KB)
Substantive judgment
BAIN v R (REASONS) SC 13/2009 [6 March 2009] (PDF, 158 KB)
Recall judgment
BAIN v R SC 13/2009 [25 May 2009] (PDF, 11 KB)
Additional document
Transcript hearing date 11 June 2009 (PDF, 39 KB)
Supreme court decision
BAIN v R SC 13/2009 [11 June 2009] (PDF, 16 KB)
Case name
Audrey Bredmeyer v The Chief Executive of the Ministry of Social Development
Case number
SC 14/2009
Summary
Civil appeal - New Zealander living in Australia seeks payment of New Zealand superannuation – whether Article 9.3 of the Agreement on Social Security, Schedule 1 Social Welfare (Reciprocity with Australia) Order makes payment of New Zealand superannuation contingent on meeting the income test and asset test for Australian pensions – whether the social purpose behind the current Agreement on Social Security between New Zealand and Australia differs from previous agreements - whether the Court of Appeal accorded natural justice to the Appellant.[2008] NZCA 557 CA 666/2007 17 December 2008
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent.
30 March 2009
30 March 2009
Leave judgment - leave dismissed
Case name
Wallace Leslie Waugh v The Queen
Case number
SC 15/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 19/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
Ink Media Limited v The Queen
Case number
SC 16/2009
Summary
Criminal – whether the Court of Appeal erred in finding that the Court had jurisdiction to try the applicants – whether the Court of Appeal was wrong to find that the applicants had sold and advertised medicines in breach of the Medicines Act 1981 by using the internet.[2008] NZCA 563 CA 18/2008 18 December 2008
Result
Application for leave to appeal dismissed.
30 April 2009
30 April 2009
Leave judgment - leave dismissed
WAUGH v R SC 15/2009 [30 April 2009] (PDF, 15 KB)
Case name
The Trustees of Te Huria Matenga Wakapuaka Trust v The Minister of Conservation and others
Case number
SC 17/2009
Summary
Land Law – Maori Customary Title – Ownership of Land – land subject to both a Native Land Court Certificate of Title and a Land Transfer Act title – whether the Land transfer Act Certificate of Title takes priority – Interpretation of inconsistent Certificates of Title.[2008] NZCA 564 CA 18/2008 18 December 2008
Result
Application for leave to appeal dismissed.
6 April 2011
6 April 2011
Leave judgment - leave dismissed
Judgment appealed from
Transcription
Case name
Ports of Auckland Limited v Southpac Trucks Limited
Case number
SC 18/2009
Summary
Civil Appeal – Carriage of Goods Act 1979 – Statutory Interpretation – Proper meaning of s 6 “not liable as such” – Whether Court of Appeal erred in its application of the statutory exemption conferred in s 6 of the Carriage of Goods Act – Whether Court of Appeal erred in its conclusion that fork lift operator negligently driving into truck and causing $60,000 damage was exempt from liability under s 16(2) of the Carriage of Goods Act with the consequence that Ports of Auckland Ltd could not be held vicariously liable.[2008] NZCA 573 CA 355/2007 22 December 2008
Result
Application for leave to appeal granted.
3 April 2009
__________________________
Appeal allowed and the judgment of the High Court is restored. Appellant awarded costs of $15,000 together with reasonable disbursements. Costs order in the Court of Appeal is reversed.
30 October 2009
3 April 2009
__________________________
Appeal allowed and the judgment of the High Court is restored. Appellant awarded costs of $15,000 together with reasonable disbursements. Costs order in the Court of Appeal is reversed.
30 October 2009
Transcripts
- Hearing date 6 October 2009 (PDF, 150 KB)
Media Releases
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Securities Registry Limited and another v Virginia Gomes
Case number
SC 19/2009
Summary
Civil appeal – loan agreement conditional on payment of a sum by a third party to the debtor – sum paid to the debtor by way of setoff against the debtor’s debt to the third party – setoff occurred without the knowledge of the lender – debtor’s accountant represented to the lender that the sum was “being held” by debtor – whether negligent misstatement – whether misleading or deceptive conduct under s 9 of the Fair Trading Act 1986 [2008] NZCA 567 CA 355/2007 19 December 2008
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent.
28 April 2009
28 April 2009
Leave judgment - leave dismissed
Case name
Edin Bozz Boskovic v The Queen
Case number
SC 20/2009
Summary
Criminal – Sexual violation by rape – Appeal against conviction - Whether the Court of Appeal erred in finding that the alleged incompetence of trial counsel did not cause a miscarriage of justice – Whether the Court of Appeal erred in holding that the trial Judge’s ruling on alibi evidence was correct.CA 33/2006 12 December 2006
Result
Application for leave to appeal dismissed.
3 June 2009
3 June 2009
Leave judgment - leave dismissed
BOSKOVIC v R SC 20/2009 [3 June 2009] (PDF, 12 KB)
Judgment appealed from
Case name
Robert John Erwood v Janet Maxted and others and The Official Assignee
Case number
SC 21/2009
Summary
Civil Appeal – stay of advertising of bankruptcy.[2009] NZCA CA 545 /2008 17 February 2009
Result
Application for leave to appeal dismissed.
27 February 2009
27 February 2009
Leave judgment - leave dismissed
Case name
Westpac Banking Corporation v The Commissioner of Inland Revenue
Case number
SC 22/2009
Summary
Tax Law – Whether judicial review of a Commissioner’s decision is inconsistent with the statutory scheme of challenge under Part VIIIA of the Tax Administration Act 1994; whether judicial review amounted to a collateral attack on the Commissioner’s decision; Whether exceptional circumstances existed that resulted in an amended assessment falling outside the scope of s 109 and s 114 of the Tax Administration Act 1994 (the statutory scheme of challenge) and thereby justifying judicial review; Whether conscious or deliberate maladministration are the only circumstances in which an assessment may be invalid; Whether there was a breach of a legitimate expectation held by Westpac; Whether the Commissioner’s amended assessment was not an honest appraisal or a genuine exercise of judgment; Whether the Commissioner’s amended assessment was the product of an abuse of power; Whether the Commissioner’ s procedure applied in coming to an amended assessment was consistent with the law; Whether a correct assessment, reached by an improper process, is valid.[2009] NZCA 24 CA 624/07 20 February 2009
Result
Application for leave to appeal dismissed. Costs $2,500 plus reasonable disbursements to the respondent.
8 April 2009
8 April 2009
Leave judgment - leave dismissed
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