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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
Christine Marama Cowan and Te Rahui John Cowan v John Arthur Cowan, Kurt Thomas Gibbons and 170 Queens Drive Limited.
Case number
SC 130/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Cowan v Cowan [2021] NZCA 463).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal to that Court.
20 December 2021
___________________________________________________
A The appeal is dismissed.
B Costs are reserved.
12 April 2022
Date of hearing
15 February 2022
Judges
Young, Glazebrook, O'Regan, Ellen France, Williams, JJ
Transcripts
Media Releases
High Court decision
COWAN v COWAN [2021] NZHC 1291 [2 June 2021]
Court of Appeal decision
COWAN v COWAN [2021] NZCA 463 [10 September 2021]
Leave judgment - leave granted
CHRISTINE MARAMA COWAN v JOHN ARTHUR COWAN [2021] NZSC 185 [20 December 2021] (PDF, 164 KB)
Substantive judgment
CHRISTINE MARAMA COWAN v JOHN ARTHUR COWAN [2022] NZSC 43 [12 April 2022] (PDF, 177 KB)
Case name
Woolworths New Zealand Limited v Auckland Council, Alcohol Regulatory and Licensing Authority, Foodstuffs North Island Limited and Medical Officer of Health
Case number
SC 139/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Auckland Council v Woolworths New Zealand Ltd [2021] NZCA 484).
B Leave is granted to the Medical Officer of Health to appear as an interested party at the substantive hearing.
C The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 April 2022
______________________________________________________
A The appeal is dismissed.
B The appellants must pay the Auckland Council costs of $35,000.
5 May 2023
Date of hearing
13 September 2022 - 14 September 2022
Judges
O'Regan, Ellen France, Williams and William Young JJ; Cooper P
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
WOOLWORTHS NEW ZEALAND LTD v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 293 [27 February 2020]
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
WOOLWORTHS NEW ZEALAND LIMITED v AUCKLAND COUNCIL [2022] NZSC 46 [13 April 2022] (PDF, 198 KB)
Substantive judgment
WOOLWORTHS NEW ZEALAND LIMITED v AUCKLAND COUNCIL [2023] NZSC 45 [5 May 2023] (PDF, 452 KB)
Videos
Case name
Foodstuffs North Island Limited v Auckland Council, Woolworths New Zealand Limited and Alcohol Regulatory and Licensing Authority
Case number
SC 140/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Auckland Council v Woolworths New Zealand Ltd [2021] NZCA 484).
B Leave is granted to the Medical Officer of Health to appear as an interested party at the substantive hearing.
C The approved question is whether the Court of Appeal was correct to allow the appeal and dismiss the cross-appeal.
13 April 2022
_____________________________________________
A The appeal is dismissed.
B The appellants must pay the Auckland Council costs of $35,000.
5 May 2023
Date of hearing
13 September 2022 - 14 September 2022
Judges
O'Regan, Ellen France, Williams and William Young JJ; Cooper P
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
WOOLWORTHS NEW ZEALAND LTD v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 293 [27 February 2020]
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
WOOLWORTHS NEW ZEALAND LIMITED v AUCKLAND COUNCIL [2022] NZSC 46 [13 April 2022] (PDF, 198 KB)
Substantive judgment
WOOLWORTHS NEW ZEALAND LIMITED v AUCKLAND COUNCIL [2023] NZSC 45 [5 May 2023] (PDF, 452 KB)
Videos
Case name
Michael John Smith v Fonterra Co-operative Group Limited, Genesis Energy Limited, Dairy Holdings Limited, New Zealand Steel Limited, Z Energy Limited, New Zealand Refining Company Limited and BT Mining Limited
Case number
SC 149/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (Smith v Fonterra Co-Operative Group Ltd [2021] NZCA 522).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal and allow the cross appeal.
31 March 2022
__________________________________________________
A The appeal is allowed.
B The appellant’s claim is reinstated.
C There is no order as to costs.
7 February 2024
Date of hearing
15 August 2022 - 17 August 2022
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Kós JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
SMITH v FONTERRA CO-OPERATIVE GROUP LTD [2020] NZHC 419 [6 March 2020]
Court of Appeal decision
SMITH v FONTERRA CO-OPERATIVE GROUP LIMITED [2021] NZCA 552 [21 October 2021]
Leave judgment - leave granted
MICHAEL JOHN SMITH v FONTERRA CO-OPERATIVE GROUP LIMITED [2022] NZSC 35 [31 March 2022] (PDF, 161 KB)
Substantive judgment
[2024] NZSC 5 (PDF, 693 KB)
Videos
Case name
R (SC 157/2021) v The Queen
Case number
SC 157/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (Except the result as set out in [20]) in news media or on the internet or other publicly available database until final disposition of retrial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including 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.
Court of Appeal decision
Not publicly available
Case name
Auckland Council v C P Group Limited, Millennium & Copthorne Hotels New Zealand Limited, MLC Scenic Limited and T & T Clarry's Holdings Limited
Case number
SC 158/2021
Summary
Civil Appeal
Result
A Leave to appeal is granted (C P Group Ltd v Auckland Council [2021] NZCA 587).
B The approved ground is whether the Court of Appeal was correct to allow the appeal.
30 March 2022
_________________________________________________________
A The appeal is allowed. The decision of the Court of Appeal is set aside. The decision of the High Court dismissing the respondents’ application for judicial review is reinstated.
B The respondents must pay the appellant one set of costs of $35,000 plus usual disbursements. We allow for second counsel.
C The award of costs and disbursements made in favour of the respondents in the Court of Appeal is quashed. That Court should redetermine costs in light of this Court’s judgment allowing the appeal.
D Costs in the High Court are to be determined by that Court in the light of this Court’s judgment allowing the appeal.
E Leave is reserved to the parties to apply for consequential orders if required.
12 May 2023
Date of hearing
20 July 2022 - 21 July 2022
Judges
Winkelmann CJ, Glazebrook, O’Regan, Ellen France and Williams JJ
Submissions from counsel
Transcripts
Case Synopses
Media Releases
High Court decision
CP GROUP LIMITED & ORS v AUCKLAND COUNCIL [2020] NZHC 89 [5 February 2020]
Court of Appeal decision
C P GROUP LTD v AUCKLAND COUNCIL [2021] NZCA 587 [10 November 2021]
Leave judgment - leave granted
AUCKLAND COUNCIL v C P GROUP LIMITED [2022] NZSC 31 [30 March 2022] (PDF, 32 KB)
Substantive judgment
AUCKLAND COUNCIL v C P GROUP LIMITED [2023] NZSC 53 [12 May 2023] (PDF, 257 KB)
Videos
Case name
H v The Queen
Case number
SC 1/2020
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.
6 May 2020

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. 23 June 2020
23 June 2020
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
Leslie Norman Austin v Roche Products (New Zealand) Limited
Case number
SC 5/2020
Summary
Civil Appeal
Result
A The application for leave to appeal is granted in part (Roche Products (New Zealand) Ltd v Austin [2019] NZCA 660).
B The approved question is whether the applicant’s claim for compensatory damages should have been struck out on the basis that his injuries were not an ordinary consequence of the consumption of Roaccutane.
C The application for leave to appeal is otherwise dismissed.
19 May 2020
___________________________________________________
A The appeal will be dismissed one month from the date of this judgment unless the appellant makes an application under s 135 of the Accident Compensation Act 2001 together with an application to this Court for a stay of this proceeding pending completion of that process.
B There is no order as to costs.
31 March 2021
___________________________________________________
A This Court’s decision in Austin v Roche Products (New Zealand) Ltd [2021] NZSC 30 is stayed until midday on 6 December 2021, unless the stay is extended in this Court on the application of Mr Austin.
B Any party may seek an order lapsing the stay at any stage.
C Costs are reserved.
16 June 2021
Date of hearing
10 September 2020
Judges
William Young, Glazebrook, O’Regan, Ellen France, Williams JJ
Transcripts
Media Releases
High Court decision
AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED & ORS [2018] NZHC 208 [21 February 2018]
Court of Appeal decision
ROCHE PRODUCTS (NEW ZEALAND) LIMITED v AUSTIN [2019] NZCA 660 [18 December 2019]
Leave judgment - leave granted
LESLIE NORMAN AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED [2020] NZSC 49 [19 May 2020] (PDF, 202 KB)
Substantive judgment
LESLIE NORMAN AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED [2021] NZSC 30 [31 March 2021] (PDF, 214 KB)
Supreme court decision
LESLIE NORMAN AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED [2021] NZSC 62 [16 June 2021] (PDF, 191 KB)
Recall judgment
LESLIE NORMAN AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED [2022] NZSC 11 [22 February 2022] (PDF, 191 KB)
Case name
Dennis Haunui v The Queen
Case number
SC 6/2020
Summary
Criminal Appeal
Result
A Leave to appeal is granted (Haunui v R [2019] NZCA 679).
B The approved question is whether the Court of Appeal ought to have allowed the applicant’s appeal to that Court.
30 April 2020
__________________________
A The appeal is allowed. The convictions are quashed.
B We order a retrial.
C We make an 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 retrial. Publication in law report or law digest is permitted.
18 December 2020
Additional document
[2020] NZSC 41 (PDF, 150 KB)
Case name
TUV v The Chief of New Zealand Defence Force
Case number
SC 14/2020
Summary
Civil Appeal
Result
A Leave to appeal is granted (TUV v Chief of New Zealand Defence Force [2020] NZCA 12).
B The approved ground is:
(i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)?
(ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity?
15 May 2020
___________________________________________________________________________
A The appeal is dismissed.
B The Courts below were correct not to set aside the settlement agreement in this case on the grounds of mental incapacity.
C There is no order as to costs.
3 June 2022
Transcripts
Media Releases
Employment Court decision
Not publicly available
Court of Appeal decision
TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2020] NZCA 12 [11 February 2020]
Leave judgment - leave granted
TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2020] NZSC 47 [15 May 2020] (PDF, 144 KB)
Substantive judgment
TUV v CHIEF OF NEW ZEALAND DEFENCE FORCE [2022] NZSC 69 [3 June 2022] (PDF, 280 KB)
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