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
Malcolm Edward Rabson v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 104/2014
Summary
Civil Appeal – Insolvency Act 2006 – Whether judicial review proceedings are within the scope of s 101(1)(b) of the Insolvency Act 2006.[2014] NZCA 481
Result
Application for leave to appeal dismissed.
2 December 2014
_______________
The application to recall the judgment of 2 December 2014 and the second application for leave to appeal against the judgment of French J are dismissed.
23 December 2014
Further application for recall dismissed.
9 March 2015
2 December 2014
_______________
The application to recall the judgment of 2 December 2014 and the second application for leave to appeal against the judgment of French J are dismissed.
23 December 2014
Further application for recall dismissed.
9 March 2015
Leave judgment - leave dismissed
Recall judgment
Recall judgment
Judgment appealed from
Case name
Zoggs International Limited v Sexwax Incorporated
Case number
SC 105/2014
Summary
Civil Appeal – Trade Marks Act 2002 – Whether the Court of Appeal erred in applying the test for comparing the existing and proposed trade marks under s 17(1)(a) of the Act –Whether the Court of Appeal erred in failing to consider granting the applicant’s trade mark application in part – Whether the Court of Appeal erred in overturning earlier findings of fact which were not plainly wrong.[2014] NZCA 311 CA 461/2013
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500, plus reasonable disbursements. 2 March 2015
B The applicant must pay the respondent costs of $2,500, plus reasonable disbursements. 2 March 2015
Leave judgment - leave dismissed
Case name
QBE Insurance (International) Limited v Wild South Holdings Limited and Maxims Fashions Limited
Case number
SC 106/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation and application of the automatic reinstatement clauses in the insurance policies.[2014] NZCA 447 CA 776/2013
Result
Notice of abandonment of appeal being lodged, the application for leave to appeal is deemed to be dismissed. 12 November 2014
Case name
Certain Underwriters at Lloyds of London and Sirius International Insurance Group Limited v Crystal Imports Limited
Case number
SC 107/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation and application of the automatic reinstatement clauses in the insurance policies.[2014] NZCA 447 CA 65/2014
Result
The application for leave to appeal is dismissed.
The applicants must pay the respondent costs of $2,500 and reasonable disbursements (to be fixed if necessary by the Registrar).
16 December 2014
The applicants must pay the respondent costs of $2,500 and reasonable disbursements (to be fixed if necessary by the Registrar).
16 December 2014
Leave judgment - leave dismissed
Case name
Vincent Ross Siemer v Registrar of the Supreme Court and Ministry of Justice
Case number
SC 108/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to recall its judgment.[2014] NZCA 491 CA 318/2014
Result
Application for leave to appeal dismissed.
Costs of $2,500 to the respondent.
8 December 2014
Costs of $2,500 to the respondent.
8 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Arthur Sylvan Morgenstern and Tanya May Lavas v Stephanie Beth Jeffreys and Timothy Wilson Downes
Case number
SC 109/2014
Summary
Civil Appeal – Companies Act 1993, ss 131, 135, 137, 138 and 301 – Whether the Court of Appeal erred in finding that, in a claim for breach of ss 131 (duty to act in good faith and in the best interests of the company), 135 (duty not to agree to, cause or allow reckless trading) and 137 (duty of care), in relation to selling an asset (shares) to the company at an alleged undervalue, the onus is on the director to prove that the asset was transferred for fair value – Whether the Court of Appeal erred in finding that a director facing claims under ss 131, 135 and 137, who relied on professional advice, is required by s 138 to plead this as an affirmative defence and bears the onus of proof – Whether the Court of Appeal erred in finding that, in a claim under s 301, the onus is on the director to prove that the breach caused no loss to the company – Whether the Court of Appeal erred, in fixing the amount to be paid or contributed under s 301, by proceeding on a restitutionary basis and failing to take into account the actual loss caused to creditors – Whether the Court of Appeal erred in finding that an inference could be drawn against the first appellant, by reason of failure to call evidence from the company’s accountants, when the respondents, as liquidators, were in an equal or better position to call that evidence.[2014] NZCA 449 CA 122/2014
Result
The application for leave to appeal is dismissed.
The applicants are to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar. 2 December 2014
The applicants are to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar. 2 December 2014
Leave judgment - leave dismissed
Judgment appealed from
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
Peter Guy Goodricke v The Queen
Case number
SC 111/2014
Summary
Criminal Appeal – Whether the procedure on appeal complied with the Criminal Procedure Act 2011 and New Zealand Bill of Rights Act 1990.CRI 2010-485-26
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
5 December 2014
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
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 113/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 500 CA 495/2014
Result
Application for leave to appeal dismissed.
10 December 2014
10 December 2014
Leave judgment - leave dismissed
Judgment appealed from
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