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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.

11 July 2024

Case information summary 2024 (as at 5 July 2024) –  Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024)  – Cases where leave to appeal decision not yet made (PDF, 126 KB)

All years

Case name
Robt Jones Holdings Limited v Anthony John McCullagh and Stephen Mark Lawrence liquidators of Northern Crest Investments Limited
Case number
SC 87/2018
Summary
Civil Appeal – Companies Act 1993, s 292 – Whether the Court of Appeal erred in finding that there is no requirement in s 292 that a voidable transaction diminish the pool of assets available to creditors.
Result
A Leave to appeal is granted (Robt Jones Holdings Ltd v McCullagh [2018] NZCA 358).
B The approved question is whether the payments totalling $262,758.05 made to the applicant by MSH No 2 Pty Ltd on behalf of Northern Crest Investments Ltd were insolvent transactions as defined in s 292 of the Companies Act 1993.
6 December 2018
___________________________
A The appeal is dismissed.
B The appellant must pay the respondents costs of $25,000 plus usual disbursements.
9 August 2019
Transcripts
Media Releases
High Court decision
MCCULLAGH v ROBT JONES HOLDINGS LIMITED [2017] NZHC 2182 [8 September 2017]
Court of Appeal decision
ROBT. JONES HOLDINGS LIMITED v MCCULLAGH [2018] NZCA 358 [10 September 2018]
Leave judgment - leave granted
ROBT JONES HOLDINGS LIMITED v McCULLAGH [2018] NZSC 120 [6 December 2018] (PDF, 240 KB)
Substantive judgment
ROBT. JONES HOLDINGS LIMITED v ANTHONY JOHN MCCULLAGH AND STEPHEN MARK LAWRENCE [2019] NZSC 86 [9 August 2019] (PDF, 223 KB)
Case name
A v The Queen
Case number
SC 91/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted.

20 December 2018
Court of Appeal decision
Not publicly available
District Court decision
Not publicly available
Case name
Lemuel Misa v The Queen
Case number
SC 93/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction on the basis that there was no miscarriage of justice – Whether the jury was properly directed at trial.
Result
A Leave to appeal is granted (Misa v R [2018] NZCA 293).
B The approved question is whether there was a miscarriage of justice at the applicant’s trial.
17 April 2019
_______________________
The appeal is dismissed.
2 December 2019
Date of hearing
11 July 2019
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Arnold JJ
Media Releases
Court of Appeal decision
MISA v R [2018] NZCA 293 [6 August 2018]
Leave judgment - leave granted
LEMUEL MISA v R [2019] NZSC 42 [17 April 2019] (PDF, 33 KB)
Substantive judgment
LEMUEL MISA v R [2019] NZSC 134 [2 December 2019] (PDF, 162 KB)
Case name
H v The Queen
Case number
SC 94/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 

29 November 2018
Court of Appeal decision
Not publicly available
High/District Court judgment
Not publicly available
Case name
Mark Edward Lundy v The Queen
Case number
SC 95/2018
Summary
Criminal Appeal –  Crimes Act 1961, s 385 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction under the proviso to s 385(1) despite finding that certain evidence presented at trial was inadmissible.
Result
A Leave to appeal is granted (Lundy v R [2018] NZCA 410) in relation to the approved question below.
B The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
6 May 2019
Transcripts
Case Synopses
Media Releases
Court of Appeal decision
LUNDY v R [2018] NZCA 410 [9 October 2018]
Additional document
Transcription leave hearing 2 May 2019 (PDF, 148 KB)
Leave judgment - leave granted
MARK EDWARD LUNDY v R [2019] NZSC 45 [6 May 2019] (PDF, 227 KB)
Substantive judgment
MARK EDWARD LUNDY v R [2019] NZSC 152 [20 December 2019] (PDF, 420 KB)
Case name
H v The Queen
Case number
SC 97/2018
Summary
Criminal Appeal – Whether the Court of Appeal was correct to hold that s 322 of the Oranga Tamariki Act 1989 does not apply to the applicant’ s charge of rape – If s 322 does apply to the charge, whether the rape charge should have been dismissed prior to the applicant’s trial.
Result
A The application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
_______________________________
The appeal is dismissed.
3 July 2019
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
H (SC 97/2018) v R [2019] NZSC 4 [21 February 2019] (PDF, 183 KB)
Substantive judgment
H (SC 97/2018) v R [2019] NZSC 69 [3 July 2019] (PDF, 122 KB)
Case name
Jesse-James Winter v The Queen
Case number
SC 102/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction.
Result
A The application for leave to appeal is granted (Winter v R [2018] NZCA 469).
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
Transcripts
Media Releases
District Court decision
Not publicly available
Court of Appeal decision
WINTER & HANSON v R [2018] NZCA 469 [31 October 2018]
Leave judgment - leave granted
JESSE-JAMES WINTER v R [2019] NZSC 8 [21 February 2019] (PDF, 29 KB)
Substantive judgment
JESSE-JAMES WINTER v R [2019] NZSC 98 [13 September 2019] (PDF, 279 KB)
Case name
Rangitira Developments Limited v Royal Forest and Bird Protection Society of New Zealand Incorporated
Case number
SC 105/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in quashing the declarations and orders made by the High Court
Result
A Leave to appeal is granted (Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445).
B The approved question is whether the Court of Appeal was in error in setting aside the declarations made at [86] of the judgment of the High Court (Rangitira Developments Ltd v Royal Forest and Bird Protection Society Ltd [2018] NZHC 146, (2018) ELRNZ 312).
20 February 2019
________________________________________________________
A Leave to appeal is revoked.
B Costs of $6,000 plus usual disbursements are awarded to the respondent.
C Leave is reserved to apply again for leave to appeal if the proposed appeal is no longer moot.
26 July 2019
Transcripts
Media Releases
High Court decision
RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY LTD [2018] NZHC 146 [14 February 2018]
Court of Appeal decision
ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED v RANGITIRA DEVELOPMENTS LIMITED [2018] NZCA 445 [23 October 2018]
Leave judgment - leave granted
RANGITIRA DEVELOPMENTS LTD v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INC [2019] NZSC 6 [20 February 2019] (PDF, 185 KB)
Supreme court decision
RANGITIRA DEVELOPMENTS LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2019] NZSC 81 [26 July 2019] (PDF, 256 KB)
Substantive judgment
RANGITIRA DEVELOPMENTS LIMITED v ROYAL FOREST AND BIRD PROTECTION SOCIETY OF NEW ZEALAND INCORPORATED [2020] NZSC 66 [15 July 2020] (PDF, 150 KB)
Case name
H v The Queen
Case number
SC 114/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a 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.
27 February 2019
Court of Appeal decision
Not publicly available
High Court/District Court judgment
Not publicly available
Case name
P v The Queen
Case number
SC 115/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a 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.
27 February 2019
Court of Appeal decision
Not publicly available
High Court/District Court judgment
Not publicly available
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