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.
24 June 2024
Case information summary 2024 (as at 21 June 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024) – Cases where leave to appeal decision not yet made (PDF, 125 KB)
All years
Case name
Daniel Thomas Spencer Riddiford and Yvonne Ada Riddiford v The Attorney-General
Case number
SC 110/2014
Summary
Civil Appeal – Court of Appeal (Civil Rules) 2005, r 54 – Whether the Court of Appeal erred by overlooking its discretion under r 54 and elsewhere to award compound interest – Whether this was a case where full compensation based on actual interest cost should have been paid – Whether the Court of Appeal was wrong not to apply case law known as the “ English Rules”.[2012] NZCA 112; [2014] NZCA 435 CA 48/2010
Result
The application for leave to appeal is dismissed.
The applicant is to pay the respondents costs of $2,500 .
22 December 2014
The applicant is to pay the respondents costs of $2,500 .
22 December 2014
Leave judgment - leave dismissed
Case name
Jacobus van der Lubbe v The Queen
Case number
SC 112/2014
Summary
Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal erred in failing to consider relevant evidence – Whether the Court of Appeal erred in failing to consider a number of other issues raised.[2014] NZCA 495 CA 305/2013
Result
Application for leave to appeal dismissed.
17 December 2014
17 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
The Queen v Shivneel Shahil Kumar
Case number
SC 115/2014
Summary
Criminal Appeal – Evidence – Right to refrain from making a statement under s 23(4) of the New Zealand Bill of Rights Act 1990 – Whether admissions made to undercover police officers in holding cell after applicant arrested were actively elicited – Whether evidence obtained in consequence of a breach of ss 23(4) and 24(c) of the New Zealand Bill of Rights Act – Whether evidence obtained unfairly – Whether exclusion of evidence was proportionate to the Police impropriety. [2014] NZCA 489 CA 86/2014
Result
The application for leave to appeal is granted ([2014] NZCA 489).
19 November 2014
______________________
The appeal is dismissed.
6 August 2015
19 November 2014
______________________
The appeal is dismissed.
6 August 2015
Case name
Issac John Chadderton v The Queen
Case number
SC 129/2014
Summary
Criminal Appeal – Birchler v Police [2010] NZSC 109, [2011] 1 NZLR 169 – Whether the Court of Appeal erred by failing to follow the Supreme Court’s decision in Birchler v Police – Whether the Court of Appeal erred in finding that the two detentions were lawful.[2014] NZCA 528 CA 40/2014
Result
The application for deferral of the operation of the disqualification order is dismissed.
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
8 December 2014
______________
Application for leave to appeal dismissed.
31 March 2015
Leave judgment - leave dismissed
Additional document
Case name
Evgeny Orlov v New Zealand Law Society and others
Case number
SC 135/2014
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35(6) – Whether the Court of Appeal erred in dismissing the application for review of the decision of the Registrar of the Court of Appeal not to dispense with or vary payment of security for costs.[2014] NZCA 569 CA 456/2014
Result
The application for leave to appeal is dismissed.
The applicant must pay the respondents costs of $2,500 plus reasonable disbursements.
18 February 2015
The applicant must pay the respondents costs of $2,500 plus reasonable disbursements.
18 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wendy Maree Whitehead v The Queen
Case number
SC 136/2014
Summary
Criminal Appeal – Crimes Act 1961, ss 229A(b) and 228(b); and Accident Compensation Act 2001 – Whether insufficient direction was given to the jury as to what constituted a de facto relationship – Whether loss of entitlement ought to have been determined before the criminal trial.[2014] NZCA 573 CA 300/2014
Result
Application for leave to appeal dismissed.
30 March 2015
30 March 2015
Leave judgment - leave dismissed
WENDY MAREE WHITEHEAD v R [2015] NZSC 29 30 March 2015 (PDF, 124 KB)
Judgment appealed from
Case name
Jeremy James McGuire v The Ministry of Justice
Case number
SC 139/2014
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43 – Whether the Notice of Abandonment issued by the Court of Appeal was wrong and a nullity – Whether the Court of Appeal’s Minute dated 31 July 2014 inviting the applicant to apply for an extension of time to appeal was wrong on the facts and in law.[2014] NZCA 556 CA 314/2013
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500 and reasonable disbursements as fixed by the Registrar.
10 March 2015
B The applicant must pay the respondent costs of $2,500 and reasonable disbursements as fixed by the Registrar.
10 March 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Michael Christopher Cruickshank v The Queen
Case number
SC 140/2014
Summary
Criminal Appeal – Whether the trial Judge misdirected the jury as to the state of the applicant’s knowledge of whether the medical certificate was accurate – Whether the trial Court had jurisdiction to determine loss or abatement of entitlement in light of the Accident Compensation Act 2001, section 133(5) – Whether there was a sufficient evidential foundation for an award of reparation[2014] NZCA 574 CA 367/2014
Result
Application for leave to appeal dismissed.
31 March 2015
31 March 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Philip Joseph Fava v Aral Property Holdings Limited
Case number
SC 8/2013
Summary
Civil Appeal – Lawyers and Conveyancers Act 2006 – Whether a court is permitted to entertain an application when the party making the application is represented by a lawyer (or a firm including a lawyer) whose conduct is in issue in the proceedings in a manner contemplated by Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, r 13.5.3 – Whether a lawyer’s conduct will be in issue in proceedings for the purpose of r 13.5.3 where the case before the court protects or furthers the lawyer’s own interests.[2012] NZCA 585 CA 500/2012
Dates
Notice of abandonment of appeal being lodged, the application for leave to appeal is deemed to be dismissed.
8 May 2013.
Case name
Jacob Adriaan Britz v The Queen
Case number
SC 17/2013
Summary
Criminal Appeal – Criminal Procedure (Mentally Impaired Persons) Act 2003, s 4(1) – whether the Court of Appeal was incorrect to apply the high threshold set out in SR v R [2011] NZCA 409 in circumstances where the applicant was seeking retrospectively to assert incompetence.[2012] NZCA 606 CA 161/2012
Dates
Application for leave to appeal dismissed.
19 April 2013.
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