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
Klaus Löwer v Gary Traveller and John Anthony Waller
Case number
SC 51/2005
Summary
Company Law - whether the respondents had an accrued cause of action for reckless trading giving them an "existing right" under s320(1)(b) of the Companies Act - whether the applicant was in breach of s320(1)(b) Companies Act 1955 - whether the Court of Appeal erred in its application of ss17-19 Interpretation Act 1999 .
CA 36/04 26 July 2005
Result
Leave to appeal granted.
2 December 2005
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Noel Clement Rogers v The Queen
Case number
SC 52/2005
Summary
Criminal appeal - whether the Court erred in finding post arrest statements by the accused admissible - whether allowing the statements to be admitted is inconsistent with ss 23 and 24 of the New Zealand Bill of Rights Act 1990 - whether, no appeal having been heard by the Court of Appeal, this is an appropriate case to "leap frog" under s 14 of the Supreme Court Act 2003 . CRI 2004 004 013121 2 August 2005
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed. 29 September 2005
Case name
Wholesale Distributors Limited v Gibbons Holdings Limited
Case number
SC 53/2005
Summary
Construction of lease documents and whether the Court of Appeal erred in finding that the appellant was bound to meet the contractual obligations of the sub-lessee under the deed of assignment of lease -“ whether the Court of Appeal erred in focusing on the purpose of the parties - “ legal effect of provisions used to avoid the grant of a sub-lease which operates as an assignment of the headlease.CA 102/04 28 July 2005
Result
Leave to appeal granted
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
1 December 2005
___________________________
The appeal is dismissed.
The appellant is to pay the respondent costs of $15,000 together with its reasonable disbursements to be fixed if necessary by the Registrar.
30 May 2007
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
The Attorney-General v QBE Insurance
Case number
SC 54/2005
Summary
Insurance - QBE insured Ministry of Agriculture and Fisheries under successive 12-month "claims-made" policies - circumstances giving rise to claim occurring under 1998-1999 policy, but claim made under subsequent policy - whether circumstances were notified, or required to be notified, to QBE before expiry of policy – whether QBE estopped from asserting that circumstances were notified, or required to be notified, before expiry - whether policies subject to implied term CA 174/04 3 August 2005
Result
Leave to appeal dismissed.
10 March 2006
10 March 2006
Leave judgment - leave dismissed
Transcript
Judgment appealed from
Case name
Whangamata Homes Limited v Peter Martin Jansen and Vivienne Marie Jansen
Case number
SC 55/2005
Summary
Contract law - whether the acts of the appellant amounted to an election to keep the agreement on foot, precluding the appellant from exercising a right to cancel under a sunset clause – whether and to what extent the actions of parties are to be assessed by reference to a) a continuing duty to do all such things as were reasonably necessary for or incidental to the performance of the contract, and b) the intentions of the parties as expressed in the sunset clause. CA 266/04 15 August 2005
Result
Leave to appeal refused. 3 November 2005
Leave judgment - leave dismissed
Judgment appealed from
Case name
S v C
Case number
SC 56/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that an order by the Family Court for the appointment of the respondent as counsel to represent children is an interlocutory order - whether the leave of the Family Court is necessary before an appeal against such an order may be taken in the High Court. CA 116/05 18 August 2005
Result
Leave to appeal refused. 25 October 2005
Leave judgment - leave dismissed
Case name
Telecom Mobile Limited v Commerce Commission
Case number
SC 57/2005
Summary
Cellphone marketing - whether the applicant's contractual arrangements are subject to the Door to Door Sales Act - whether the applicant's contractual arrangements had the purpose or effect of preventing the operation of the Act by hiding from consumers the reality as to their true rights of cancellation - summary judgment given by Court of Appeal. CA148/04 25 August 2005
Result
Leave to appeal granted. 23 November 2005
Substantive judgment
Transcript
Judgment appealed from
Case name
Paul Rodney Hansen v The Queen
Case number
SC 58/2005
Summary
Criminal appeal against conviction - possession of cannabis for supply - burden on accused to rebut presumption of possession for supply - whether accused must rebut presumption on the balance of probabilities or merely raise a reasonable doubt - Misuse of Drugs Act 1975, s 6(6).
Result
Leave to appeal granted.
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
24 November 2005
___________________________________
Appeal dismissed.
20 February 2007
Media Releases
- hansenpressrelease 000 (PDF, 142 KB)
Leave judgment - leave granted
Substantive judgment
HANSEN v R SC 58/2005 [20 February 2007] (PDF, 571 KB)
Transcript
Hearing date : 22 February 2006
Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ.
Substantive judgment
Case name
John Patrick Round v The Queen
Case number
SC 59/2005
Summary
Criminal - whether counsel's alleged failures in cross-examination of the complainant, and not forcefully advising the applicant to give evidence led to a real risk of an unsafe verdict. CA 125/05 29 August 2005
Result
Leave to appeal dismissed. 24 November 2005
Leave judgment - leave dismissed
ROUND v R SC 59/2005 [24 November 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Donald Eugene Allen v The Commissioner of Inland Revenue
Case number
SC 60/2005
Summary
Civil appeal - whether the Court of Appeal erred in their interpretation of ss 138B and 89D of the Tax Administration Act 1994 (˜the Act"), which regulate the process which a taxpayer is required to follow if he or she wishes to challenge a default assessment made by a Commissioner under s 106 of the Act - whether the Court was in error in concluding that the Taxation Review Authority had power to strike out the challenge under s 138H of the Act.
CA 204/04 8 September 2005
Result
Leave to appeal granted.
8 December 2005
Leave judgment - leave granted
Judgment appealed from
Transcript
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