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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.

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
Brett Stephen Taylor v The Queen
Case number
SC 26/2010
Summary
Criminal Appeal – Unlawful sexual connection – whether the trial Judge erred in his failure to give directions in relation to the unreliability of the complainant’s evidence pursuant to s 122 of the Evidence Act 2006 – whether the inadequacy of the trial Judge’s directions regarding prejudice caused a substantial miscarriage of justice – whether the Court of Appeal erred in refusing to admit new expert evidence on appeal[2010] NZCA 69  CA 147/2009   16 March 2010
Leave judgment - leave dismissed
TAYLOR v R SC 26/2010 [20 July 2010] (PDF, 45 KB)
Dates

Application for leave to appeal dismissed.

20 July 2010.
Case name
Dick Halton Headley v The Queen
Case number
SC 31/2010
Summary
Criminal Appeal – Crimes Act 1961 – Abduction – whether Judge Boshier erred in making public certain Family Court judgments – whether the Court of Appeal erred in giving insufficient weight to this publication, or other information released on a website  – whether a stay of proceedings, or a change in venue should have been granted – whether the Court of Appeal erred by giving insufficient weight to the applicant’s right to a fair trial – whether the lack of experienced counsel and the appointment of an “amicus” prevented the applicant from adequately presenting his case – whether the inability to call a witness to give evidence undermined the applicant’s defence – whether police conduct in light of alleged conflicts of interest was unfair – whether the applicant was denied legal assistance to present his defence[2010] NZCA 71  CA 18/2009   16 March 2010
Leave judgment - leave dismissed
HEADLEY v R SC 31/2010 [9 June 2010] (PDF, 30 KB)
Dates

Application for leave to appeal dismissed.

9 June 2010.
Case name
Kay Halton Skelton v The Queen
Case number
SC 32/2010
Summary
Criminal Appeal – Crimes Act 1961 – Abduction – whether the Court of Appeal erred in declining to set aside the applicant’s conviction, to which she entered a guilty plea, on the grounds of claimed wrongful refusals to grant a stay of proceedings, to direct a change of venue or to adjourn proceedings[2010] NZCA 71  CA 24/2009   16 March 2010
Leave judgment - leave dismissed
SKELTON v R SC 32/2010 [13 August 2010] (PDF, 40 KB)
Dates

Application for leave to appeal dismissed.

13 October 2010.
Case name
David Paul Halford and Blue Sky Holdings Ltd (in liquidation) (as trustee of the Auckland Residential Property Trust) v R F Coughlan & Associates and Ors
Case number
SC 35/2010
Summary
Civil Appeal – Whether the Court of Appeal erred in failing to find that the designer of apartment units was not negligent in respect of the plans and specifications of those units; whether the Court of Appeal erred in not finding that the issue of practical completion certificates should give rise to liability irrespective of specific reliance by an owner.[2010] NZCA 64  CA 66/2009   22 March 2010
Leave judgment - leave dismissed
DAVID PAUL HALFORD AND BLUE SKY HOLDINGS LTD (IN LIQUIDATION) AS TRUSTEE OF THE AUCKLAND RESIDENTIAL PROPERTY TRUST v R F COUGHLAN & ASSOCIATES And Anor SC 35/2010 [13 July 2010] (PDF, 10 KB)
Dates

Application for leave to appeal dismissed with costs $2,500 to the 1st respondent.

13 July 2010.
Case name
Abdirazak Yussuf Mussa v The Queen
Case number
SC 43/2010
Summary
Criminal Appeal – Evidence – Appellant convicted in District Court on two counts of rape – Whether Court of Appeal and District Court erred in failing to properly weigh unfairly prejudicial effect of certain evidence against its probative effect – Whether trial Judge failed to give adequate directions as to limited use to which that evidence could be put.[2010] NZCA 123  CA 281/2009    1 April  2010
Leave judgment - leave dismissed
MUSSA v R SC 43/2010 [5 July 2010] (PDF, 16 KB)
Dates

Application for leave to appeal dismissed.

5 July 2010.
Case name
James Louis Mason v The Queen
Case number
SC 47/2010
Summary
Criminal Appeal – whether the Court of Appeal erred in combining two allegations of criminal conduct to be included in a single count in the indictment.[2010] NZCA 170  CA 481/2009   5 May 2010
Result
The application for leave to appeal is granted. The approved ground of appeal is whether the combining in a single count in the indictment of the two allegations (punching the child and pulling his ear) resulted in a miscarriage of justice.
7 July 2010
___________________________
Appeal allowed and the conviction is quashed. No order for a new trial.
3 November 2010
Transcripts
Media Releases
Leave judgment - leave granted
MASON v R SC 47/2010 [7 July 2010] (PDF, 6 KB)
Substantive judgment
MASON v R SC 47/2010 [3 November 2010] (PDF, 66 KB)
Transcript

Hearing date : 19 October 2010

Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Case name
Vupul Romik Sharma v The Queen
Case number
SC 51/2010
Summary
Criminal Appeal – Crimes Act 1961 – Abduction and sexual violation – whether the Court of Appeal erred in finding that the trial Judge did not need to direct the jury on the issue of intoxication[2009] NZCA 540   CA 244/2009   17 November 2009
Leave judgment - leave dismissed
SHARMA v R SC 51/2010 [13 August 2010] (PDF, 10 KB)
Dates

Application for leave to appeal dismissed.

13 August 2010.
Case name
Dylan Robert Tuhura v The Queen
Case number
SC 61/2010
Summary
Criminal Appeal – Whether the Court of Appeal erred in its application of the proviso to s 385(1) of the Crimes Act 1961; whether the Court of Appeal’ s decision amounts to a miscarriage of justice.[2010] NZCA 246   CA 493/2010    10 June 2010
Leave judgment - leave dismissed
TUHURA V R SC 61/2010 [2 November 2010] (PDF, 49 KB)
Dates

Application for leave to appeal  refused.

2 November 2010.
Case name
Sialofi Nee Ah Kee Patea v The Queen
Case number
SC 76/2010
Summary
Criminal Appeal – Crimes Act 1961 - Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction for assault with intent to injure.[2010]  NZCA 338  30 July  2010
Leave judgment - leave dismissed
SIALOFI NEE AH KEE PATEA v R SC 76/2010 [3 November 2010] (PDF, 47 KB)
Dates

Application for leave to appeal dismissed.

3 November 2010.
Case name
Iowane Seru Sucuturaga v The Queen
Case number
SC 78/2010
Summary
Criminal – Appeal from conviction for sexual violation by rape – What is the proper test for admission of evidence concerning jury deliberations – Whether the Court of Appeal erred in holding that a witness had committed perjury when he had not faced a jury – What is the standard of proof for a finding of perjury – Whether a miscarriage of justice was caused by the admission of inadmissible evidence – Whether the Court of Appeal erred in finding the jury’s verdicts were not inconsistent – Whether the Court of Appeal erred in finding the trial Judge’s misdirection on representative counts did not cause a miscarriage of justice.
Leave judgment - leave dismissed
IOWANE SERU SUCUTURAGA v R SC 78/2010 [3 February 2011] (PDF, 10 KB)
Dates

Application for leave to appeal dismissed.

3 February 2011
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