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
John William Ross v The Queen
Case number
SC 14/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction – Whether the Court of Appeal erred in its application of s 122 of the Evidence Act 2006.
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
30 April 2018
B The application for leave to appeal is dismissed.
30 April 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
JOHN WILLIAM ROSS v R [2018] NZSC 38 [30 April 2018] (PDF, 229 KB)
Case name
Nobilangelo Ceramalus v Chief Executive of the Ministry of Business, Innovation and Employment and The Minister of Immigration
Case number
SC 15/2018
Summary
Civil Appeal – Immigration Act 2009 – Whether the High Court Judge erred in striking out the applicant’s application for review of Immigration New Zealand’s refusal to grant a visa.
Result
A The application for leave to appeal is dismissed. B The applicant is to pay costs of $2,500 to the respondents. 27 March 2018
High Court decision
Leave judgment - leave dismissed
Case name
W v The Queen
Case number
SC 16/2018
Summary
Criminal Appeal – Whether trial counsel’s failure to follow applicant’s instructions was grounds for a mistrial – Whether the Court of Appeal erred in dismissing the appeal against conviction.
Result
The application for leave to appeal is dismissed.
14 May 2018
14 May 2018
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
W (SC 16/2018) v R [2018] NZSC 46 [14 May 2018] (PDF, 203 KB)
Case name
Phillip John Smith v Attorney General
Case number
SC 17/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that wearing a hairpiece does not constitute expression and therefore is not protected under s 14 of the New Zealand Bill of Rights Act 1990.
Result
The application for leave to appeal is dismissed.
7 May 2018
7 May 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Peter Richard Prescott v New Zealand Police
Case number
SC 18/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the decision of the Deputy Registrar to not waive a filing fee.
Result
A The applicant’s applications for leave to appeal and to set aside the High Court judgment are dismissed.
B The applicant is to pay the respondent costs of $2,500.
9 May 2018
B The applicant is to pay the respondent costs of $2,500.
9 May 2018
High Court decision
Court of Appeal decision
Not publicly available
Leave judgment - leave dismissed
Case name
Christopher Joseph O'Neill v Kit Toogood, Cecil Harding Croucher and Matt Amon
Case number
SC 19/2018
Summary
Civil Appeal – Whether Court of Appeal erred in declining to recall its judgment refusing to grant the applicant extension of time to apply for leave to appeal to that Court.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondents.
17 April 2018
B The applicant is to pay costs of $2,500 to the respondents.
17 April 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Gavin Graham Jardine v The Queen
Case number
SC 20/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction and sentence – Whether the Court of Appeal erred in finding that there had not been an abuse of process
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
16 May 2018
B The application for leave to appeal is dismissed.
16 May 2018
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
GAVIN GRAHAM JARDINE v R [2018] NZSC 47 [16 May 2018] (PDF, 195 KB)
Case name
Colin Graeme Craig v Jordan Henry Williams
Case number
SC 21/2018
Summary
Civil Appeal – Defamation – Whether the Court of Appeal erred in setting aside the decision of the High Court to order a full retrial – (cross-appeal) Whether the Court of Appeal erred in upholding the High Court’ s order setting aside the jury’s verdict on damages.
Result
A Leave to appeal and leave to cross appeal is granted (Williams v Craig [2018] NZCA 31).
B The approved question is whether the Court of Appeal erred in allowing the appeal to that Court in part and dismissing the cross appeal to that Court.
4 July 2018
_________________
A The appeal is allowed. The orders of the Court of Appeal entering judgment for the respondent on liability and directing a retrial of the respondent’s claim for damages are set aside. An order for a general retrial on liability and damages is substituted.
B The cross-appeal is dismissed.
C The respondent must pay the appellant costs of $35,000 plus usual disbursements. We allow for second counsel.
D The costs award made in the Court of Appeal is set aside. If costs in that Court cannot be agreed they should be set by the Court of Appeal in light of this judgment. Any costs issues arising in the High Court shall be considered by the High Court in light of this judgment.
11 April 2019
B The approved question is whether the Court of Appeal erred in allowing the appeal to that Court in part and dismissing the cross appeal to that Court.
4 July 2018
_________________
A The appeal is allowed. The orders of the Court of Appeal entering judgment for the respondent on liability and directing a retrial of the respondent’s claim for damages are set aside. An order for a general retrial on liability and damages is substituted.
B The cross-appeal is dismissed.
C The respondent must pay the appellant costs of $35,000 plus usual disbursements. We allow for second counsel.
D The costs award made in the Court of Appeal is set aside. If costs in that Court cannot be agreed they should be set by the Court of Appeal in light of this judgment. Any costs issues arising in the High Court shall be considered by the High Court in light of this judgment.
11 April 2019
Transcripts
- Hearing date 4-5 September 2018 (PDF, 895 KB)
Media Releases
- MR [2019] NZSC 38 (PDF, 293 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Recall judgment
Additional document
Case name
Jeremy James McGuire v The Secretary for Justice
Case number
SC 22/2018
Summary
Civil Appeal – Legal Services Act 2011 – Whether the Court of Appeal erred in striking out the applicant’s application for judicial review – Whether a self-represented litigant who is a practising lawyer can receive a costs award.
Result
A Leave to appeal is granted (McGuire v The Secretary for Justice [2018] NZCA 37)
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross-appeal
12 June 2018
_______________________
A The appeal is dismissed.
B There is no order for costs.
27 November 2018
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross-appeal
12 June 2018
_______________________
A The appeal is dismissed.
B There is no order for costs.
27 November 2018
Transcripts
- Hearing date 1 August 2018 (PDF, 407 KB)
Media Releases
- MR [2018] NZSC 116 (PDF, 293 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Patty Tzu Chou Lin v Commissioner of Inland Revenue
Case number
SC 23/2018
Summary
Civil Appeal – Income Tax Act 2007 – Whether the Court of Appeal erred in finding that the applicant was not entitled to a tax credit against income tax liability for tax spared by China under New Zealand’ s Controlled Foreign Company tax regime.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
20 June 2018
B The applicant must pay the respondent costs of $2,500.
20 June 2018
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
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