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
David Cullen Bain v The Queen
Case number
SC 13/2009
Summary
[2009] NZCA CA 769/2008 30 January 2009
Result
Application for leave to appeal granted.
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
24 February 2009
_______________________
A The appeal is allowed. B The disputed evidence is excluded and the material in issue is to be excised.
18 March 2009
Court of Appeal decision
Leave judgment - leave granted
BAIN V R SC 13/2009 [6 March 2009] (PDF, 12 KB)
Additional document
Transcript hearing date 2 March 2009 (PDF, 352 KB)
Substantive judgment
BAIN v R (REASONS) SC 13/2009 [6 March 2009] (PDF, 158 KB)
Recall judgment
BAIN v R SC 13/2009 [25 May 2009] (PDF, 11 KB)
Additional document
Transcript hearing date 11 June 2009 (PDF, 39 KB)
Supreme court decision
BAIN v R SC 13/2009 [11 June 2009] (PDF, 16 KB)
Case name
Ports of Auckland Limited v Southpac Trucks Limited
Case number
SC 18/2009
Summary
Civil Appeal – Carriage of Goods Act 1979 – Statutory Interpretation – Proper meaning of s 6 “not liable as such” – Whether Court of Appeal erred in its application of the statutory exemption conferred in s 6 of the Carriage of Goods Act – Whether Court of Appeal erred in its conclusion that fork lift operator negligently driving into truck and causing $60,000 damage was exempt from liability under s 16(2) of the Carriage of Goods Act with the consequence that Ports of Auckland Ltd could not be held vicariously liable.[2008] NZCA 573 CA 355/2007 22 December 2008
Result
Application for leave to appeal granted.
3 April 2009
__________________________
Appeal allowed and the judgment of the High Court is restored. Appellant awarded costs of $15,000 together with reasonable disbursements. Costs order in the Court of Appeal is reversed.
30 October 2009
3 April 2009
__________________________
Appeal allowed and the judgment of the High Court is restored. Appellant awarded costs of $15,000 together with reasonable disbursements. Costs order in the Court of Appeal is reversed.
30 October 2009
Transcripts
- Hearing date 6 October 2009 (PDF, 150 KB)
Media Releases
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Govind Prasad Saha v Commissioner of Inland Revenue
Case number
SC 24/2009
Summary
Civil appeal – application of the foreign investment fund rules contained in Part CG of the Income Tax Act 1994 – the appellant was a partner in a firm that sold its consultancy business to a French company – as part of the sale transaction the appellant agreed to work for the consultancy business for five years from the date of settlement – as part of the sale transaction the appellant received a package of shares in the French company to be gradually released to him over a five year period – the appellant ended his employment in the consultancy business prematurely – the resulting deed of settlement provides that 50% of the unreleased shares will be transferred to the French company – whether the transfer of shares is a “disposition” for the purpose of s CG 23(5) – whether the appellant derived a gain in kind from the transfer of shares for the purposes of s CG 14(2)[2009] NZCA 76 CA 617/2008
Result
Application for leave to appeal is granted. 25 May 2009
______________________
Appeal dismissed. Costs $15,000 to respondent.
23 July 2010
______________________
Appeal dismissed. Costs $15,000 to respondent.
23 July 2010
Leave judgment - leave granted
Substantive judgment
Transcript
Hearing date : 27 October 2009
Chief Justice, Blanchard, Tipping, McGrath, Wilson JJ.
Case name
The Commerce Commission v Carter Holt Harvey Limited
Case number
SC 25/2009
Summary
Civil – Strike-out – Whether the Court of Appeal erred in holding that for the purposes of s 43(5) of the Fair Trading Act 1986 the relevant knowledge was that of both the Commission and the person who had suffered loss – Whether the Court of Appeal was wrong to hold that knowledge of “likelihood of loss or damage” was sufficient for time to start running for a claim for relief under s 43(2)(c) and (d) of the Fair Trading Act – Whether the Court of Appeal was wrong to conflate discovery of a breach of the Fair Trading Act with discovery of loss or damage – Whether the Court of Appeal erred in holding that only a minimal amount of knowledge is required to set the limitation period running under s 43 of the Fair Trading Act – whether the Court of Appeal erred in holding that the Commission discovered the loss or damage before the limitation date[2009] NZCA 40 CA 316/2007 27 February 2009
Result
Application for leave to appeal granted.
25 May 2009
__________________________
Appeal allowed. The order of the Court of Appeal is set aside and the application to strike out the appellant’s proceeding is dismissed. The respondent is ordered to pay the appellant for its costs in this Court the sum of $15,000 plus disbursements, to be fixed if necessary by the Registrar. The costs order made in the Court of Appeal is reversed and the costs order made in the High Court is reinstated.
27 November 2009
25 May 2009
__________________________
Appeal allowed. The order of the Court of Appeal is set aside and the application to strike out the appellant’s proceeding is dismissed. The respondent is ordered to pay the appellant for its costs in this Court the sum of $15,000 plus disbursements, to be fixed if necessary by the Registrar. The costs order made in the Court of Appeal is reversed and the costs order made in the High Court is reinstated.
27 November 2009
Transcripts
- Hearing date 11 August 2009 (PDF, 372 KB)
Media Releases
Leave judgment - leave granted
Substantive judgment
Case name
Aaron Mark Wi v The Queen
Case number
SC 28/2009
Summary
Criminal – Appeal against convictions for wounding with intent to cause grievous bodily harm and assault with intent to injure – Substantial miscarriage of justice – Whether appellant unfairly prejudiced by trial Judge’s ruling precluding appellant from adducing evidence of lack of convictions for violent offending.[2009] NZCA 81 CA 586/2008
Result
Application for leave to appeal granted.
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
7 May 2009
_____________________
Appeal dismissed.
27 November 2009
Media Releases
- media release wi (PDF, 82 KB)
Leave judgment - leave granted
AARON MARK WI v R SC 28/2009 [7 May 2009] (PDF, 12 KB)
Substantive judgment
WI v R SC 28/2009 [27 November 2009] (PDF, 147 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Elias Akle v The Commerce Commission
Case number
SC 30/2009
Summary
Civil – Commerce Act – Whether the Court of Appeal erred in holding that s 4 is not the repository of the extraterritorial reach of the Act – Whether the Court of Appeal was wrong to find that proof of personal conduct in New Zealand is not critical to establishing jurisdiction in respect of overseas residents – Whether the Court of Appeal erred in finding that conduct in New Zealand could be attributed or imputed to overseas parties in the absence of a recognised legal basis, or the requirements of s 90 being met – Whether the Court of Appeal was wrong to find that the application to set aside the protest to jurisdiction against Mr Akle should succeed in the absence of any allegation that he communicated with or directed any New Zealand actor to do any impugned act while the New Zealand actor was overseas.
Result
Application for leave to appeal granted.
16 June 2009
_____________________________________
It was adjudged that a notice of abandonment having been lodged the appeal is dismissed.
13 July 2009
16 June 2009
_____________________________________
It was adjudged that a notice of abandonment having been lodged the appeal is dismissed.
13 July 2009
Leave judgment - leave granted
AKLE V COMMERCE COMMISSION SC 30/2009 16 June 2009 (PDF, 12 KB)
Case name
A R Poynter v The Commerce Commission
Case number
SC 32/2009
Summary
Civil – Commerce Act – Whether the Court of Appeal erred in holding that s 4 is not an exhaustive statement of the circumstances in which the provisions of the Act apply to overseas conduct – Whether the Court of Appeal was wrong to find that the conduct of another foreign resident who acted in New Zealand could be attributed to the Appellant so as to treat the Appellant as having acted within New Zealand through that other person – Whether the Court of Appeal wrongly imported the jurisdictional reach of conspiracy in s 310 of the Crimes Act 1961 into s 80(1)(f) of the Act.[2009] NZCA 84 CA 257/2007
Result
Application for leave to appeal granted.
16 June 2009
16 June 2009
Media Releases
- press release poynter 16 april 2010 (PDF, 37 KB)
Substantive judgment
POYNTER v COMMERCE COMMISSION SC 32/2009 [16 April 2010] (PDF, 265 KB)
Leave judgment - leave granted
AKLE v COMMERCE COMMISSION SC 30/2009 [16 June 2009] (PDF, 12 KB)
Transcript
Hearing date : 17 November 2009
Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ.
Case name
Leroy John Barr v New Zealand Police
Case number
SC 34/2009
Summary
Criminal appeal – whether jurisdiction to order the payment of medical expenses incurred by the Police in administering a blood test against persons convicted of driving with excess blood alcohol. [2009] NZCA 124 CA 700/2008
Result
Application for leave to appeal granted.
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
16 June 2009
______________________
Appeal allowed. The order for payment of medical expenses of $102.60 is set aside. Insubstitution, the appellant is ordered to pay $93 towards medical expenses.
21 October 2009
Media Releases
- media barr v nz police (PDF, 39 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Blanchard. Tipping, McGrath, Wilson, and Anderson JJ
Case name
Tasman Orient Line CV v New Zealand China Clays Limited and others
Case number
SC 39/2009
Summary
Civil appeal – application of the Protocol to Amend the International Convention for the Unification of Certain Rules Relating to Bills of Lading (“the Hague-Visby Rules”) to a grounding of a ship owned by the appellant – whether by reason of the conduct of the master of the vessel the appellant is not entitled to rely on the protection of Article IV Rule 2(a) – whether the Hague-Visby Rules depart from the prior common law – whether the history behind the Hague-Visby Rules is relevant to interpretation – whether the interpretation of Article IV Rule 2(a) should have regard to the factual context – whether the factual context warrants an interpretation of Article IV Rule 2(a) that results in the appellant being liable – whether an interpretation of Article IV Rule 2(a) which results in the appellant being liable is consistent with purpose and policy of the Hague-Visby Rules – whether an interpretation of Article IV Rule 2(a) which results in the appellant being liable is consistent with Article III Rule 2[2009] NZCA 135 CA 519/2007 9 April 2009
Result
Application for leave to appeal granted.
1 July 2009
1 July 2009
Transcripts
- Hearing date 28 October 2009 (PDF, 895 KB)
Media Releases
Leave judgment - leave granted
Substantive judgment
Case name
Christopher Bede Ward v Diane Mary Ward
Case number
SC 40/2009
Summary
Civil – Family – Whether the Court of Appeal was wrong to find that an agreement for the sale and purchase of shares was a settlement for the purposes of s 182(1) of the Family Proceedings Act – Whether the Court of Appeal erred in finding that for the purposes of s 182(6) of the Act a matrimonial property agreement was to be considered by itself and not as part of an overall transaction – Whether the Court of Appeal was wrong to find that access to s 182(1) could be gained where it was necessary in the interests of fairness and justice to do so, and thereafter the remedial discretion was a broad one to be exercised in the manner which achieved a fair result taking into account the total background – Whether the Court of Appeal was wrong to disallow Mr W’s separate property interests subsumed by the overall transaction.[2009] NZCA 139 CA 309/2008 9 April 2009
Result
Application for leave to appeal granted in part.
1 July 2009.
________________
Appeal dismissed. Costs of $15,000 to the respondent plus disbursements.
8 December 2009
1 July 2009.
________________
Appeal dismissed. Costs of $15,000 to the respondent plus disbursements.
8 December 2009
Transcripts
- Hearing date 03 November 2009 (PDF, 586 KB)
Media Releases
- media release ward (PDF, 85 KB)
Leave judgment - leave granted
WARD v WARD SC 40/2009 [1 July 2009] (PDF, 12 KB)
Substantive judgment
WARD v WARD SC 40/2009 [8 December 2009] (PDF, 225 KB)
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