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
Gary Owen Burgess v Malley & Co
Case number
SC 5/2017
Summary
Civil Appeal – Whether the Court of Appeal erred by declining to remove the respondent’s legal representatives
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500. 27 March 2017
B The applicant must pay the respondent costs of $2,500. 27 March 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
David Keith Silby v New Zealand Police
Case number
SC 6/2017
Summary
Criminal Appeal – Criminal Procedure Act 2011, s 237 – Whether the Court of Appeal erred in declining leave to bring a second appeal against conviction and sentence in respect of offences under the Land Transport (Road User) Rule 2004.
Result
The application for leave to appeal is dismissed. 7 April 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Hyun Su Park v Joong Song Kwak and Hye Sook Kwak, Andrew J Steele and Jarred Scott, Tim J Rainey and Jonathan Wood
Case number
SC 7/2017
Summary
Civil Appeal – Weathertight Homes Resolution Services Act 2006, ss 93 and 95 – Whether the High Court and Court of Appeal erred in their approach to a second appeal under the Weathertight Homes Resolution Services Act.
Result
A The application is dismissed for want of jurisdiction.
B Costs of $2,500 are awarded to the third respondents.
9 February 2017
B Costs of $2,500 are awarded to the third respondents.
9 February 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
PARK v KWAK & ANOR [2016] NZCA 574 8 December 2016 not available online _
Case name
Nicholas David Wright v Vijay Bhosale and Attorney-General
Case number
SC 8/2017
Summary
Civil Appeal – New Zealand Bill of Rights Act 1990, ss 21, 23 and 24(a) –Whether the Court of Appeal erred in finding there was no breach of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in its assessment of the intention required to obtain exemplary damages.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the second respondent. 9 May 2017
B The applicant is to pay costs of $2,500 to the second respondent. 9 May 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Chatfield & Co Limited v Commissioner of Inland Revenue
Case number
SC 9/2017
Summary
Civil Appeal – Discovery – s 10 Judicature Amendment Act 1972 – Did the Court of Appeal err in deciding documents exchanged pursuant to a Double Taxation Agreement were not discoverable in judicial review proceedings?
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent. 11 April 2017
B The applicant is to pay costs of $2,500 to the respondent. 11 April 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Craig Duthie and Kirsten Taylor-Ruiterman, and DRK Chartered Accountants Limited v Denise Michelle Roose, and Denise Developments Limited, and DMR Development Limited
Case number
SC 10/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that the causes of action brought by the respondents in tort were not time barred.
Result
A The application for leave to appeal is granted (Roose v Duthie [2016] NZCA 600).
B The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.
2 May 2017
___________________________
A The appeal is dismissed.
B The appellants are to pay costs of $25,000 to the respondents and reasonable disbursements.
6 October 2017
B The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.
2 May 2017
___________________________
A The appeal is dismissed.
B The appellants are to pay costs of $25,000 to the respondents and reasonable disbursements.
6 October 2017
Transcripts
- Hearing date 8 August 2017 (PDF, 577 KB)
Media Releases
- MR [2017] NZSC 152 (PDF, 266 KB)
Leave judgment - leave granted
High Court decision
Court of Appeal decision
Substantive judgment
Case name
F v The Queen
Case number
SC 11/2017
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.[2016] NZCA 619 CA247/2016
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.
8 March 2017
8 March 2017
High Court decision
Not publicly available
Judgment appealed from
not available - suppression orders
Case name
Kathryn Anne Harlen v Chief Executive of the Ministry of Social Development
Case number
SC 12/2017
Summary
Civil Appeal – Social Security Act 1964, s 86 – Whether the High Court erred in its view of the Chief Executive’s discretion to decline to recover benefit overpayments.
Result
The application for leave to appeal is dismissed.
12 June 2017
12 June 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Mark David Chisnall v Chief Executive of the Department of Corrections
Case number
SC 13/2017
Summary
Civil Appeal – Public Safety (Public Protections Orders) Act 2014, s 8 – Whether the Court of Appeal erred in the formulation of a threshold test for the granting of a public protection orders.
Result
A Leave to appeal is granted (Chisnall v Chief Executive of the Department of Corrections [2016] NZCA 620).
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
13 April 2017
______________________
A The appeal is dismissed.
B There is no order as to costs.
1 August 2017
B The approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.
13 April 2017
______________________
A The appeal is dismissed.
B There is no order as to costs.
1 August 2017
Transcripts
- Hearing date 22 June 2017 (PDF, 449 KB)
Media Releases
- MR [2017] NZSC 114 (PDF, 269 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Ronnie Joseph de Wys and Penelope Helen Louisa de Wys v The Commissioner of Police
Case number
SC 14/2017
Summary
Civil Appeal – Criminal Proceeds (Recovery) Act 2009 ss 50 and 55– Whether the Court of Appeal erred in finding the applicants unlawfully benefitted from significant criminal activity.
Result
The applications for leave to appeal are dismissed.
4 May 2017
4 May 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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