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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.

11 July 2024

Case information summary 2024 (as at 5 July 2024) –  Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024)  – Cases where leave to appeal decision not yet made (PDF, 126 KB)

All years

Case name
CP Asset Management Limited  and others v Damien Grant and Steven Khov and others
Case number
SC 121/2013
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in concluding that the resolution was contrary to the interests of unsecured creditors and that the resolution caused prejudice to the second respondents – Whether the Court of Appeal erred in finding that the creditors may not get an adequate investigation into the affairs of the company if the replacement liquidators were to continue in office – Whether the Court of Appeal was correct to set aside the resolution and in its interpretation of s 245A of the Companies Act – Whether the Court of Appeal failed to properly quantify and assess the extent to which the terms of the first respondent’ s position on funding was a specific benefit to the creditors in the liquidation and whether it misconstrued findings made a first instance – Whether the Court of Appeal erred in basing its assessment as to the steps taken in the liquidation solely on the first report of the liquidators – Whether the Court of appeal erred by failing to recognise that related creditors have an interest in the liquidation and in giving primacy to the position of one creditor over the general body of creditors. [2013] NZCA 452   CA 67/2013
Leave judgment - leave dismissed
C P ASSET MANAGEMENT LIMITED v DAMIEN GRANT & STEVEN KHOV AS LIQUIDATORS OF NZ PROPERTIES HOLDINGS LIMITED (IN LIQUIDATION) [2014] NZSC 11 [25 February 2014] (PDF, 53 KB)
Dates

The application for leave to appeal is dismissed.

The applicants must pay to the First Respondents costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar. 

The applicants must pay to the Second Respondents costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.

25 February 2014
Case name
John F Jackson v IAG New Zealand Limited
Case number
SC 122/2013
Summary
Civil appeal – r 12.2 High Court Rules – s 11 of the Insurance Law Reform Act 1977 – summary judgement – whether the Court of Appeal erred in concluding that it was appropriate to make findings of dishonesty in the context of an application for summary judgment – whether the Court of Appeal erred in finding that the applicant was dishonest, and in reaching this conclusion, failed to consider relevant contextual and personal factors – whether the Court of Appeal erred in finding that the liability for which indemnity was sought had arisen in connection with the applicant’ s dishonest acts – whether the Court of Appeal erred in its view of the applicability of s 11 of the Insurance Law Reform Act.[2013] NZCA 302  CA 274/2012
Leave judgment - leave dismissed
JOHN FRANCIS JACKSON v IAG NEW ZEALAND LIMITED [2014] NZSC 12 [25 February 2014] (PDF, 57 KB)
Dates

The application for leave to appeal is dismissed.

The applicant  is to pay to the respondent costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.

25 February 2014.
Case name
Anthony David Banbrook v The Queen
Case number
SC 123/2013
Summary
Criminal Appeal – Whether the Court of Appeal erred in upholding the decision of the High Court refusing to stay the prosecution on the grounds of breach of s 25 of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in refusing to allow an application to set aside the guilty plea on the basis that the plea was induced by a ruling that embodied a wrong decision on a question of law.[2013] NZCA 525   CA 147/2013
Leave judgment - leave dismissed
BANBROOK v R [2013] NZSC 148 [18 December 2013] (PDF, 46 KB)
Dates

 Application for leave to appeal dismissed.

18 December 2013.
Case name
Harmon Lynn Wilfred, Carolyn Ruth Dare-Wilfred, Angela Maree Smalley, La Famia No 1 Limited, La Famua BNo 4 Limited v Kaiwan Gan and Juzhen Zu
Case number
SC 124/2013
Summary
Civil appeal – Interim order for immediate possession of property ­– Whether the Court of Appeal applied the correct test for interim relief in circumstances where the application for interim relief effectively determined the outcome of the proceedings – Whether the Court of Appeal correctly determined that alleged breaches of head lease did not affect the balance of convenience – Whether appeal rights rendered nugatory by judicial conflict of interest.  [2013] NZCA 457   CA 184/2013
Leave judgment - leave dismissed
HARMON LYNN WILFRED v KAIWAN GAN AND YUZHEN YU [2014] NZSC 4 [18 February 2014] (PDF, 9 KB)
Dates

The application for leave to appeal is dismissed.

The applicants are to pay costs of $2,500 and reasonable disbursements.

18 February 2014.
Case name
Rujing Jin v North Shore District Court, Yasuki Konishi and Makiki Konishi
Case number
SC 125/2013
Summary
Civil Appeal – Practice and procedure – Proceedings – District Court Rules 2009 –Whether the Court of Appeal erred in upholding the District Court Judge’s decision to alter the mode of trial – Whether the Court of Appeal erred in upholding the District Court Judge’ s direction that there would be no judicial settlement conference – Whether the Court of Appeal erred in declining to adjourn the claim against the applicant – Whether the Court of Appeal erred in its decision on costs.[2013] NZCA 475   CA 168/2013
Leave judgment - leave dismissed
RUJING JIN v NORTH SHORE DISTRICT COURT [2014] NZSC 1 [12 February 2014] (PDF, 46 KB)
Dates

 Application for leave to appeal dismissed.

Costs $2,500  to the respondent

12 February 2014.
Case name
Wan Lee Chow v The Queen
Case number
SC 126/2013
Summary
Criminal Appeal – Crimes Act 1961, s 385; New Zealand Bill of Rights Act 1990, ss 9, 24(g) and 25(a); Sentencing Act 2002, s 104 – Whether the trial was unfair because disclosed documents were not translated and no special measures were taken during the trial to accommodate the appellant’ s intellectual difficulties – Whether the appellant’s sentence should have been discounted on the basis of intellectual impairment, age and hardship due to isolation resulting from communication difficulties – Whether intellectual impairment, age and hardship due to isolation resulting from communication difficulties should have led to a finding that the application of s 104 of the Sentencing Act was manifestly unjust – Whether the length of the sentence imposed amounted to disproportionately severe punishment in breach of s 9 of the New Zealand Bill of Rights Act.[2013] NZCA 360   CA 695/2011
Leave judgment - leave dismissed
WAN YEE CHOW v R [2014] NZSC 29 [28 March 2014] (PDF, 41 KB)
Dates

Application for leave to appeal dismissed.

28 March 2014.
Case name
Patrick Dean Norris  v The Queen
Case number
SC 127/2013
Summary
Criminal Appeal – Crimes Act 1961, s 220 – whether the Court of Appeal erred in finding that the requirements of s 220 were met – whether the Court of Appeal erred in refusing to allow the applicant to adduce new evidence[2013] NZCA 526  CA 59/2013
Leave judgment - leave dismissed
PATRICK DEAN NORRIS v R [2013] NZSC 138 [4 December 2013] (PDF, 84 KB)
Dates

 Application for leave to appeal dismissed.

4 December 2013.
Case name
Terry Jones  v The Queen
Case number
SC 128/2013
Summary
Criminal Appeal – Whether the Court of Appeal lacked jurisdiction to hear the appeal because there was no question of law to be decided – Whether the Court of Appeal erred in setting aside the stay granted by the High Court.[2013] NZCA 483  CA 826/2012
Media Releases
Leave judgment - leave dismissed
TERRY JONES v R [2014] NZSC 85   4 July 2014 (PDF, 88 KB)
Dates

Leave hearing  7 April 2014

Application for leave to appeal dismissed.

4 July 2014.
Case name
Yandina Investments Limited v ANZ National Bank Limited, Westpac Banking Corporation and BNZ Investments Limited
Case number
SC 129/2013
Summary
Civil Appeal – Strike out application – Deeds of Assignment – Did the Court of Appeal correctly determine the subject matter being assigned under the Deeds – How should the principles for the interpretation of commercial contracts from Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 apply in proceedings where there is an alleged lack of information as to the background of entry into the contract as well as its context – Reconsideration of Junior Farms Ltd v Hampton Securities Ltd (in liquidation) [2006] NZSC 60 as to the application of substantial miscarriage of justice ground in s 13(2) of the Supreme Court Act 2003 to civil appeals. [2013] NZCA 469  CA 529/2012
Leave judgment - leave dismissed
YANDINA INVESTMENTS LIMITED v ANZ NATIONAL BANK LIMITED [2014] NZSC 28 [26 March 2014] (PDF, 57 KB)
Dates

Application for leave to appeal dismissed.

Costs of $2,500 plus reasonable disbursements to the respondents.
Case name
Larry Gordon Cant  v The Queen
Case number
SC 130/2013
Summary
Criminal Appeal – Whether the Court of Appeal acted improperly in dismissing all six grounds of the applicant’s appeal against conviction, including as to his self-representation at trial – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.[2013] NZCA 513  CA 250/2010
Leave judgment - leave dismissed
LARRY GORDON CANT v R [2014] NZSC 139 [9 October 2014] (PDF, 52 KB)
Dates

Application for leave to appeal dismissed.
9 October 2014.
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