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
Robert Noe and Atrap Incorporated v Ratzapper Australasia Limited
Case number
SC 3/2019
Summary
Civil Appeal – Arbitration Act 1996, sch 1, art 36 – Whether the applicant was “otherwise unable to present” his case – Whether the Court of Appeal erred in dismissing the appeal against enforcement of the arbitral award.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
27 March 2019
B The applicants must pay the respondent costs of $2,500.
27 March 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Muhammad Shamsud-Dean SAHU KHAN v Mohammed SHARIFF
Case number
SC 4/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an appeal against the decision of the High Court finding that the tort of deceit had not been established on the evidence.
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
14 May 2019
B No order as to costs.
14 May 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Caleb Afamasaga v The Queen
Case number
SC 5/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in analysing the prejudicial effect of text messages produced at trial – Whether that error was a miscarriage of justice
Result
The application for an extension of time to make an application for leave to appeal is dismissed.
27 February 2019
27 February 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
CALEB AFAMASAGA v R [2019] NZSC 16 [27 February 2019] (PDF, 191 KB)
Case name
Richard Lyall Genge v The Queen
Case number
SC 6/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining the application to withdraw the notice of abandonment and bring an appeal out of time.
Result
The application for leave to appeal is dismissed.
3 April 2019
3 April 2019
High Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Brook Valley Community Group Incorporated v Brook Waimarama Sanctuary Trust, Minister for the Environment and Nelson City Council
Case number
SC 7/2019
Summary
Civil Appeal – Resource Management Act 1991, ss 13, 15 and 360(1)(h) – Whether the discharge of brodifacoum was unlawful – Whether the exempting regulations made under s 360(1)(h) of the Resource Management Act were unlawful – Whether the reduction in the costs award in the High Court was sufficient to reflect the public interest in the case – Whether the Court of Appeal erred in dismissing the appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019
B The applicant must pay costs of $4,500 to the respondents (to be divided equally among them, unless they agree otherwise) as well as the respondents’ usual disbursements.
21 May 2019
Transcripts
- Hearing date 2 May 2019 (PDF, 113 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Rene Mischelle de Kwant v The Queen
Case number
SC 8/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a sentence of preventive detention.
Result
The application for leave to appeal is dismissed
24 July 2019
24 July 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Jenny Lyn Walker v Nelson District Court and Nelson City Council
Case number
SC 9/2019
Summary
Civil Appeal – Whether a Court of Appeal Judge erred in declining to review a Deputy Registrar’s security for costs decision.
Result
A The applications for a stay and for leave to appeal are dismissed.
B The applicant must pay the second respondent costs of $2,500.
11 March 2019
B The applicant must pay the second respondent costs of $2,500.
11 March 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
The Queen v K
Case number
SC 10/2019
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
10 May 2019
10 May 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Date of Hearing, judges
27 March 2019
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case name
Talley's Group Limited v Worksafe New Zealand
Case number
SC 11/2019
Summary
Criminal Appeal – Criminal Procedure Act 2011, s 379 – Use of prosecution summary of facts – Whether the Court of Appeal erred in not dismissing the defective charging documents – Whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process.
Result
The application for leave to appeal is dismissed.
5 April 2019
5 April 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
James Hardie Industries Plc, James Hardie NZ Holdings & RCI Holdings Pty LImited v Karen Louise White, Waitakere Group Limited, Metlifecare Pinseong Limited, Forest Lake Gardens Limited, Vision (Dannemora) LImited (Name changed to Metlifecare Dannemora
Case number
SC 12/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant owed a duty of care to those affected by the actions or omissions of its subsidiaries – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant breached the Fair Trading Act 1986 – Whether the Court of Appeal was correct to find that there is a serious issue to be tried as to whether the applicant was a “manufacturer” of goods in breach of the Consumer Guarantees Act 1993 – Whether the Court of Appeal erred in dismissing the applicants’ appeal against a decision of the High Court not to grant summary judgment – (cross-appeal) Whether the Court of Appeal was correct to set aside a decision of the High Court partially upholding a protest to jurisdiction.
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay to the respondents costs of $2,500.
16 April 2019
B The applicants are to pay to the respondents costs of $2,500.
16 April 2019
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
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