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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.

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
Ridgway Empire Limited v Jill Grant
Case number
SC 43/2019
Summary
Civil Appeal – Precontractual misrepresentation – Whether a representation by a non‑expert that a building is not leaky is a representation of fact or opinion – Whether the Court of Appeal erred in dismissing the appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay the respondent costs of $2,500.
8 August 2019
High Court decision
GRANT v RIDGWAY EMPIRE LTD [2018] NZHC 2642 [11 October 2018]
Court of Appeal decision
RIDGWAY EMPIRE LTD v JILL GRANT [2019] NZCA 134 [2 May 2019]
Leave judgment - leave dismissed
RIDGWAY EMPIRE LTD v GRANT [2019] NZSC 85 [8 August 2019] (PDF, 52 KB)
Case name
Jeffrey Robert Bunting v The Queen
Case number
SC 44/2019
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that there was no material trial counsel error – Whether the Court of Appeal erred in holding that propensity evidence was admissible.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed with leave reserved as set out in [11] below.
9 September 2019
Transcripts
District Court decision
Not publicly available
Court of Appeal decision
BUNTING v R [2018] NZCA 602 [20 December 2018]
Leave judgment - leave dismissed
JEFFREY ROBERT BUNTING v R [2019] NZSC 95 [9 September 2019] (PDF, 46 KB)
Oral leave hearing date
Thursday 29 August 2019
Case name
Scott v Williams
Case number
SC 45/2019
Summary
Civil Appeal – Whether there are exceptional circumstances in this case to justify an appeal from two High Court decisions under section 75 of the Senior Courts Act 2016 – Whether an extension of time to apply for leave to appeal should be granted.
Result
A The applications for extensions of time for applying for leave to appeal ([2018] NZHC 1979 and [2019] NZHC 935) are dismissed.
B Costs of $2,500 are awarded to the respondent.
25 July 2019
High Court decision
Not publicly available
Leave judgment - leave dismissed
SCOTT v WILLIAMS [2019] NZSC 80 [25 July 2019] (PDF, 44 KB)
Case name
Dwayne Russell Warakihi Maaka Smyth-Davoren v Bridget Sutherland
Case number
SC 46/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the Deputy Registrar’s decision declining to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B No award of costs is made.
19 July 2019
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v BRIDGET SUTHERLAND[2019] NZSC 76 [19 July 2019] (PDF, 36 KB)
Case name
Dwayne Russell Warakihi Maaka Smyth-Davoren v David Parker, Jacinda Ardern and Andrew Little
Case number
SC 47/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to grant an extension of time to file the case on appeal and apply for the allocation of a hearing date.
Result
A The application for leave to appeal is dismissed.
B No order as to costs.
1 July 2019
_______________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
Court of Appeal decision
SMYTH-DAVOREN v DAVID PARKER [2019] NZCA 139 [6 May 2019]
Leave judgment - leave dismissed
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 66[1 July 2019] (PDF, 197 KB)
Recall judgment
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 70[8 July 2019] (PDF, 33 KB)
Case name
Dwayne Russell Warakihi Maaka Smyth-Davoren v Elizabeth II Alexandra Mary Mountbatton (born Windsor)
Case number
SC 48/2019
Summary
Civil Appeal – Whether the Court of Appeal erred in refusing to grant the extension of time.
Result
A The application for leave to appeal is dismissed.
B No order for costs.
1 July 2019
___________________________
The applications for recall of this Court’s judgments in Smyth Davoren v Parker [2019] NZSC 66 and in Smyth Davoren v Mountbatten [2019] NZSC 67 are dismissed.
8 July 2019
Court of Appeal decision
SMYTH - DAVOREN v MOUNTBATTEN (BORN WINDSOR) [2019] NZCA 186 [27 May 2019]
Leave judgment - leave dismissed
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v ELIZABETH II ALEXANDRA MARYMOUNTBATTEN (BORN WINDSOR) [2019] NZSC 67 [1 July 2019] (PDF, 39 KB)
Recall judgment
DWAYNE RUSSELL WARAKIHI MAAKA SMYTH-DAVOREN v DAVID PARKER [2019] NZSC 70[8 July 2019] (PDF, 33 KB)
Case name
Peter Hugh McGregor Ellis v The King
Case number
SC 49/2019
Summary
Criminal Appeal – Whether there was a miscarriage of justice arising from risks of contamination of or improperly obtained complainant evidence - Whether there was a miscarriage of justice arising from lack of expert evidence on the reliability of children complainants’ evidence – Whether there was a miscarriage of justice due to unreliable expert evidence being led at trial.
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is granted.  
C The approved ground of appeal is whether a miscarriage of justice occurred in this case.  
31 July 2019
_____________________________________________________
The appeal is to continue despite the death of the appellant.
1 September 2020
_____________________________________________________
A The applications to adduce further evidence are granted.
B The appeal is allowed.
C The convictions of the appellant are quashed.
7 October 2022
Date of hearing
04 October 2021 - 15 October 2021
Judges
Winkelmann CJ, Glazebrook, O'Regan, Williams and Arnold JJ
Transcripts
Case Synopses
Media Releases
Leave judgment - leave granted
PETER HUGH MCGREGOR ELLIS v R [2019] NZSC 83 [31 July 2019] (PDF, 220 KB)
Substantive judgment
PETER HUGH MCGREGOR ELLIS v R [2020] NZSC 89 [1 September 2020] (PDF, 70 KB)
Additional document
PETER HUGH MCGREGOR ELLIS v R [2020] NZSC 137 [13 November 2020] Reasons 7 December 2020 (PDF, 202 KB)
Supreme court decision
PETER HUGH MCGREGOR ELLIS v R [2021] NZSC 63 [15 June 2021] (PDF, 113 KB)
Supreme court decision
PETER HUGH MCGREGOR ELLIS v R [2021] NZSC 77 [1 July 2021] (PDF, 260 KB)
Substantive judgment
PETER HUGH MCGREGOR ELLIS v R [2022] NZSC 114 [7 October 2022] (PDF, 1.1 MB)
Substantive judgment
PETER HUGH MCGREGOR ELLIS v R [2022] NZSC 115 [7 October 2022] (PDF, 1 MB)
Videos
Case name
Synlait Milk Limited v New Zealand Industrial Park Limited and Ye Qing
Case number
SC 50/2019
Summary
Civil – Property Law Act 2007, s 317 – Whether the Court of Appeal erred in allowing the appeal and declining to modify covenants burdening land owned by the appellant.
Result
A By consent, an order is made substituting Synlait Milk Ltd for Stonehill Trustee Ltd as applicant subject to the conditions set out in the joint memorandum of counsel dated 6 September 2019.
B Leave to appeal is granted to Synlait Milk Ltd as applicant (New Zealand Industrial Park Ltd v Stonehill Trustee Ltd [2019] NZCA 147).
C The approved question is whether the Court of Appeal was correct to reverse the decision of the High Court (Stonehill Trustee Ltd v New Zealand Industrial Park Ltd [2018] NZHC 2938).
D The application by Synlait Milk Ltd to adduce further evidence will be determined at or after the hearing of the appeal.
E Leave is granted for the respondents to file an affidavit or affidavits responding to the evidence that Synlait Milk Ltd seeks to adduce.  Such affidavit or affidavits must be filed on or before 15 November 2019.
29 October 2019
______________________________
A The appeal is allowed.
B There is no order as to costs.
22 December 2020
Transcripts
Media Releases
High Court decision
STONEHILL TRUSTEE LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2018] NZHC 3436 [20 December 2018]
Court of Appeal decision
NEW ZEALAND INDUSTRIAL PARK LTD v STONEHILL TRUSTEE LTD [2019] NZCA 147 [9 May 2019]
Leave judgment - leave granted
SYNLAIT MILK LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2019] NZSC 117[29 October 2019] (PDF, 36 KB)
Substantive judgment
SYNLAIT MILK LIMITED v NEW ZEALAND INDUSTRIAL PARK LIMITED [2020] NZSC 157 [22 December 2020] (PDF, 482 KB)
Transcript

Hearing date 21 October 2019

Winkelmann CJ, Glazebrook and O'Regan JJ
Case name
Lance Phillip Newing v New Zealand Police
Case number
SC 51/2019
Summary
Criminal Appeal – Driving with excess blood alcohol – Whether the District Court erred in refusing to discharge the applicant without conviction.
Result
The application for leave to appeal is dismissed.  22 August 2019
District Court decision
Not publicly available
Leave judgment - leave dismissed
LANCE PHILLIP NEWING v NEW ZEALAND POLICE [2019] NZSC 90 [22 August 2019] (PDF, 36 KB)
Case name
Wellsford Properties Limited and Garry Edward Hannam v Peter Anthony Sullivan and Port Albert Investments Limited
Case number
SC 52/2019
Summary
Civil Appeal – Whether the Court of Appeal was correct to find Mr Hannam personally liable under s 9 of the Fair Trading Act – Whether Court of Appeal was correct to order damages of $424,371 against the applicant and Mr Hannam – Whether the Court of Appeal was correct to find that the applicant breached the agreement for sale and purchase and the Fair Trading Act 1986.
Result
A Notice of withdrawal having been filed the application for leave to appeal is deemed to be dismissed.
3 July 2019
High Court decision
SULLIVAN v WELLSFORD PROPERTIES LTD [2017] NZHC 3047 [8 December 2017]
Court of Appeal decision
SULLIVAN v WELLSFORD PROPERTIES LIMITED [2019] NZCA 168 [20 May 2019]
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