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
Marko Otis v The Queen
Case number
SC 60/2019
Summary
Criminal Appeal – Whether there are exceptional circumstances justifying a direct appeal from the High Court – Whether the High Court erred in upholding the District Court’s refusal to grant a discharge without conviction.
Result
The application for leave to appeal is dismissed.
11 October 2019
11 October 2019
High Court decision
Leave judgment - leave dismissed
District Court decision
Not publicly available
Case name
Melanie Wichart v New Zealand Police
Case number
SC 61/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining leave to bring a second appeal (in relation to admissible evidence for proving a charge of driving with excess blood alcohol and in relation to the onus of proof in relation to the expiry date of a specimen kit).
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
27 September 2019
B The application for leave to appeal is dismissed.
27 September 2019
District Court decision
Not publicly available
High Court decision
Leave judgment - leave dismissed
Case name
T (SC62/2019) v The Queen
Case number
SC 62/2019
Summary
Criminal appeal - Application for leave to bring criminal appeal
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
7 October 2019
B The application for leave to appeal is dismissed.
7 October 2019
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
T (SC 62/2019) v R [2019] NZSC 106 [7 October 2019] (PDF, 52 KB)
Case name
Frederick Hill v Maori Trustee
Case number
SC 63/2019
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 37(1) – Whether the Court of Appeal erred in striking out the applicant’s appeal for non-payment of costs.
Result
The application for leave to appeal is dismissed.
19 August 2019
19 August 2019
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
ANZ Bank New Zealand Limited v Bushline Trustees Limited, Stephen Daniel Coomey as trustee of Bushline Trust One, and Sharon Louise Coomey as trustee of Bushline Trust Two
Case number
SC 64/2019
Summary
Civil Appeal – Contract law – Interest rate swaps – Whether the Court of Appeal erred in finding that the bank made a particular representation despite a factual finding in the High Court to the contrary – Whether the Court erred in holding that various representations made by the bank were undertakings forming part of the contract between the parties – Whether the Court erred in holding that the bank breached its undertaking to monitor and advise Bushline – Whether the Court erred in holding that it was not fair and reasonable, per s 4 of the Contractual Remedies Act 1979, for various disclaimer clauses to preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that various exclusion clauses do not preclude liability in relation to various representations and undertakings – Whether the Court erred in holding that two of Bushline’ s misrepresentation and breach of contract claims were not time barred under the Limitations Act 1950.
Result
A Leave to appeal is granted (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2019] NZCA 245).
B The approved question is whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19). 15 October 2019
__________________________
A The appeal is allowed.
B We make no award of costs in this Court.
C We reserve leave for any party to apply for an order dealing with costs in the Courts below. Any such application should be made within 20 working days of the date of this judgment.
24 July 2020
B The approved question is whether the Court of Appeal was correct to allow the appeal from the judgment of the High Court (Bushline Trustees Ltd v ANZ Bank New Zealand Ltd [2017] NZHC 2520, [2018] NZCCLR 19). 15 October 2019
__________________________
A The appeal is allowed.
B We make no award of costs in this Court.
C We reserve leave for any party to apply for an order dealing with costs in the Courts below. Any such application should be made within 20 working days of the date of this judgment.
24 July 2020
Transcripts
- Hearing transcript 12 March 2020 SC 64 2019 (PDF, 373 KB)
Media Releases
- MR [2020] NZSC 71 (PDF, 135 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
[2020] NZSC 71 (PDF, 221 KB)
Date of Hearing
12 March 2020
Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ
Case name
Timothy John Jackson v The Queen
Case number
SC 66/2019
Summary
Criminal Appeal – Whether the applicant can bring a second appeal against conviction – Whether the absence of a trial transcript deprives the applicant of his right to appeal against conviction or made the applicant’ s conviction unsafe or unsatisfactory
District Court decision
Not publicly available
High Court decision
Leave judgment - leave dismissed
Case name
R v The Queen
Case number
SC 67/2019
Summary
Criminal Appeal – Evidence Act 2006, s 43 – Propensity – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
A Notice of Abandonment having been filed the application for leave to appeal is deemed to be dismissed.
12 December 2019
12 December 2019
District Court decision
Not publicly available
Court of Appeal decision
Case name
Jennifer Elainena Castles v The Queen
Case number
SC 68/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to bring a pre-trial appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
16 August 2019
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
16 August 2019
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Macfarlane Dean Topia v The Queen
Case number
SC 69/2019
Summary
Criminal Appeal - Application for leave to bring a pre-trial appeal
Result
A The application for leave to bring a pre-trial appeal is dismissed.
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
16 August 2019
B We make an order prohibiting publication of the judgment and any part of the proceeding (including the result) in the news media or on the internet or on any other publicly available database until final disposition of the trial. Publication in a law report or law digest is permitted.
16 August 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
K (SC 70/2019) v The Queen
Case number
SC 70/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in ruling evidence admissible at trial and dismissing appeal against conviction
Result
A An extension of time for leave to appeal is granted.
B The application for leave to appeal is dismissed.
26 September 2019
B The application for leave to appeal is dismissed.
26 September 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
K (SC 70/2019) v R [2019] NZSC 102 [26 September 2019] (PDF, 305 KB)
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