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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
Swetman and Westham Holdings Limited v Globe Holdings Limited
Case number
SC 69/2005
Summary
Civil appeal - summary judgment - sale and purchase of land - whether the Court of Appeal erred in holding that s225(1) of the Resource Management Act did not apply - whether the Court of Appeal erred in finding that the Appellants' failure to settle constituted a breach - whether the Court of Appeal erred in refusing to acept new evidence - whether the Court of Appeal misdirected itself as to the applicable principles of law.CA 81/05 17 October 2005
Result
Leave to appeal dismissed. 27 March 2006
Leave judgment - leave dismissed
SWETMAN AND WESTHAM HOLDINGS LIMITED V GLOBE HOLDINGS LIMITED SC 69/2005 [27 March 2006] (PDF, 18 KB)
Judgment appealed from

NZLII : Swetman & Anor v Globe Holdings Limited [2005] NZCA 241 (17 October 2005)
Case name
Phillip Edward Crooks v R
Case number
SC 74/2005
Summary
Criminal law - inducing and indecent act and indecent assault on a girl under 14 years - whether Court of Appeal judgment factually flawed - whether Court of Appeal finding that evidence of grooming complainant a "highly relevant aggravating feature" unreasonable having regard to the evidence (s24 Sentencing Act 2002).CA 157/05 17 November 2005
Result
Leave to appeal dismissed. 20 March 2006
Leave judgment - leave dismissed
CROOKS V R SC 74/2005 [20 March 2006] (PDF, 15 KB)
Case name
Ponifasio Ioane v Waitakere City Council.
Case number
SC CIV 17/2004
Summary
Employment law - Whether the employee's own conduct was causative of his dismissal - Whether the Employment Court was obliged under the Employment Contracts Act 1991 to reduce the damages awarded to the employee - Whether the employee was unduly prejudiced by the Employment Court's failure to explicitly state that medical evidence could be adduced at a resumed hearing. CA 21/03 9 September 2004
Result
Leave to appeal dismissed. 3 December 2004
Leave judgment - leave dismissed
PONIFASIO IOANE V WAITAKERE CITY COUNCIL SC SC CIV 17/2004 [3 December 2004] (PDF, 15 KB)
Judgment appealed from

WAITAKERE CITY COUNCIL V IOANE CA CA21/03 9 September 2004
Case name
R v Atirut Sungsuwan.
Case number
SC CRI 11/2004
Summary
Criminal appeal against conviction - whether trial counsel made a fundamental error in not making an application under s23A of the Evidence Act to admit evidence of the complainant's previous sexual history - proper approach to whether an error by counsel has resulted in a miscarriage of justice: R v Paparachi (1993) 10 CRNZ 293 (CA) and Benedetto v R [2003] 1 WLR 1545 (PC) - whether prosecutor should be allowed to make statements in closing which are known to be contradicted to be called at trial. CA479/03 11 August 2004
Result
Leave to appeal granted.
17 December 2004
______________________
Appeal dismissed.
25 August 2005
Leave judgment - leave granted
R V SUNGSUWAN SC SC CRI 11/2004 [17 December 2004] (PDF, 12 KB)
Substantive judgment
SUNGSUWAN V R SC SC 11/2004 [25 August 2005] (PDF, 146 KB)
Transcript

Leave hearing date :15 December 2004

 
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