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)
2005
Case name
James Alfred Hood, Robert George Hood, Kenneth John Hood v The Attorney-General and The Queenstown Lakes District Council
Case number
SC 11/2005
Summary
Civil appeal - land compulsorily acquired for public works no longer required - whether unreasonable or unfair to offer land back under s 40(2) Public Works Act 1981 - decision made by Minister other than the Minister empowered by statute - whether decision validated by s 25(e) Acts Interpretation Act 1924. CA 257/04 21 October 2004
Result
Leave to appeal declined. Costs to respondents $2,500 together with disbursements as settled by the Registrar.
5 August 2005
5 August 2005
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing.
CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.
1 December 2005
Leave judgment - leave granted
Substantive judgment
Transcription
Case name
Kenneth Christopher Morgan v The Superintendent, Rimutaka Prison
Case number
SC 13/2005
Summary
Habeas Corpus - whether the Parole Act 2002 applies on its terms to a person convicted prior to its enactment, but sentenced after its enactment - meaning of "penalty" in terms of s6 Sentencing Act 2002. CA 17/05 7 March 2005
Result
Leave to appeal granted. Appeal dismissed.
19 May 2005
19 May 2005
Judgment appealed from
Substantive judgment
Transcript
Case name
Peterson Portable Sawing Systems Ltd & Carl James Peterson v Rex Cameron Lucas & G W Lucas & Sons Pty Ltd
Case number
SC 14/2005
Summary
Civil appeal - Patents Act 1953 - whether the Court adopted the correct principles for the construction of the patent specification - whether the Court applied the proper test for assessing obviousness and made the appropriate distinction between novelty and obviousness - proper application of the Windsurfing International Inc v Tabur Marine (Great Britain) Ltd [1985] RPC 59 analysis. CA 64/03 4 March 2005
Result
Leave to appeal granted. 25 July 2005 _________________ The appeal is allowed.
30 March 2006
30 March 2006
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Todd O'Hara v The Queen
Case number
SC 15/2005
Summary
Criminal appeal against conviction - admissibility of evidence of partial or qualified identification of accused from identification parade - whether misdirection by trial judge in suggesting positive identification had been made. CA 368/04 14 March 2004
Result
Leave to appeal refused.
7 July 2005
7 July 2005
Leave judgment - leave dismissed
O'HARA V R SC 15/2005 [7 July 2005] (PDF, 13 KB)
Judgment appealed from
Transcript
Case name
Benjamin Turrei Brooking v The Queen
Case number
SC 16/2005
Summary
Criminal appeal - appeal against the decision of the Court of Appeal quashing a sentence of six years imprisonment and substituting a sentence of eight years nine months - whether the Court erred in principle in holding that in the District Court the Judge failed to take into account offending other than burglaries. CA 419/04 7 March 2005
Result
Leave to appeal refused.
31 May 2005
31 May 2005
Leave judgment - leave dismissed
BROOKING V R SC 16/2005 [31 May 2005] (PDF, 14 KB)
Judgment appealed from
Case name
Edwin Christopher Brown v The Attorney-General
Case number
SC 17/2005
Summary
Bill of Rights - compensation for breach of rights under the New Zealand Bill of Rights Act 1990 - whether decision of the Auckland District Legal Services Subcommittee refusing to grant legal aid approval for the purposes of instructing forensic experts in Australia was unlawful or unreasonable - if so, whether the appellant's trial was unfair as a result - whether compensation appropriate - quantum of compensation. CA 39/03 3 March 2005
Result
Leave to appeal is dismissed. Any question of costs is reserved.
29 August 2005
29 August 2005
Leave judgment - leave dismissed
BROWN V ATTORNEY-GENERAL SC 17/05 [29 August 2005] (PDF, 21 KB)
Judgment appealed from
Transcript
Case name
Motorcorp Holdings Ltd and Others v CIR
Case number
SC 18/2005
Summary
Civil appeal - whether reimbursement payments by overseas car manufacturers to New Zealand distributors were payments under contracts of insurance for the purposes of the Goods and Services Tax Act 1985 - whether there was a supply for GST purposes - whether the decision in Suzuki NZ Ltd v CIR (2001) 20 NZTC 17, 096 should be revisited. CA 17/04 7 March 2005
Result
Leave to appeal refused.
1 June 2005
1 June 2005
Leave judgment - leave dismissed
Judgment appealed from
re grant to appeal to the Privy Council - dismissed
Case name
Chamberlains v Sun Poi Lai and Hilda Lorraine Lai
Case number
SC 19/2005
Summary
Civil appeal - whether barristerial immunity from suit for negligence should be abolished - whether abolition should be prospective only effect of s 61 of the Law Practitioners Act 1982. CA 15/03 8 March 2005
Result
Leave to appeal granted. 13 June 2005 ______________________ The appeal is dismissed.
The appellants must pay the respondents $30,000 in costs together with disbursements, to be fixed if necessary by the Registrar. 11 September 2006
The appellants must pay the respondents $30,000 in costs together with disbursements, to be fixed if necessary by the Registrar. 11 September 2006
Leave judgment - leave granted
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Krishan Jaichandre Kanhai v The Queen
Case number
SC 20/2005
Summary
Leapfrog criminal appeal against conviction - alleged radical error of counsel in not adducing evidence of good character giving rise to a substantial miscarriage of justice - leave application made out of time - application for extension of time. CA 55/04 15 December 2004
Result
Leave to appeal dismissed.
11 May 2005
11 May 2005
Leave judgment - leave dismissed
KANHAI V R SC 20/2005 [11 May 2005] (PDF, 19 KB)
Judgment appealed from
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