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
Kay Halton Skelton v Christopher Dean Jones
Case number
SC 90/2006
Summary
Civil appeal – abduction of parties’ child – applicant currently imprisoned for contempt for non-compliance with orders made by High Court under Habeas Corpus Act 2001 –appeal to Court of Appeal abandoned following decision now subject of application for leave to appeal in SC 88/2006 – applicant also facing criminal proceedings in relation to abduction – whether habeas corpus proceedings in High Court should be stayed or struck out as abuse of process – whether breach of natural justice prior to orders being made – whether sufficient evidential basis for orders – whether orders interim or final – whether High Court, having ordered release of child in discharge of its function under the Habeas Corpus Act, lacked jurisdiction to make further orders relating to swearing of affidavit by, and cross-examination of, applicant – whether orders, with or without accompanying safeguards, breached applicant’s right to silence as a person charged with a criminal offence (s 25 New Zealand Bill of Rights Act 1990).CIV 2006 419 1489 18 October 2006
Result
6 December 2006
________________________
Appeal dismissed. Costs reserved. Reasons to be given later.
________________________
Appeal dismissed. Costs reserved. Reasons to be given later.
Leave judgment - leave granted
Additional document
SKELTON v JONES SC 90/2006 [20 August 2009] (PDF, 10 KB)
Substantive judgment
Reasons for judgmnet
Transcript
Case name
The New Zealand Airline Pilots’ Association Industrial Union of Workers Incorporated v Air New Zealand Limited
Case number
SC 91/2006
Summary
Civil appeal – whether s44(2) of the Holidays Act 2003 permits an employee’s entitlement to the observance of designated public holidays to be transferred by agreement to another day or days so as to remove, in respect of the specified public holidays, entitlement under the Act to payment on a time and a half basis – whether leave to appeal should be granted notwithstanding that the applicant succeeded in the Court of Appeal.. CA 474/06 6 December 2006
Result
Application for leave to appeal granted.
7 March 2007
____________________________
Appeal and Cross Appeal dismissed.
Order of Court of Appeal remitting the proceeding to the Employment Court stands.
Costs to appellant $25,000 plus disbursements.
Order for Costs in Court of Appeal stands.
14 November 2007
7 March 2007
____________________________
Appeal and Cross Appeal dismissed.
Order of Court of Appeal remitting the proceeding to the Employment Court stands.
Costs to appellant $25,000 plus disbursements.
Order for Costs in Court of Appeal stands.
14 November 2007
Leave judgment - leave granted
Transcript
Leave judgment - leave granted
Substantive judgment / Media release
Case name
John Anthony Reid v The Queen
Case number
SC 95/2006
Summary
Criminal – Costs in Criminal Cases Act 1967 – trial Judge awarded costs to defendants acquitted on charges of conspiracy to defraud and money laundering brought by Serious Fraud Office – Court of Appeal majority held that High Court Judge had erred in failing to take account of risk of a substantial award inhibiting the exercise of proper prosecutorial function – whether the Court of Appeal erred in setting aside the cost award because it was “disproportionate” – whether Court of Appeal wrongly interpreted s 5(1) of the Act. CA 474/06 6 December 2006
Result
Application for leave to appeal granted. 29 May 2007 ____________ Appeal allowed, Costs order in the High Court reinstated.
Costs to appellant in Court of Appeal, $12,000 together ith reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses. 14 November 2007
Costs to appellant in Court of Appeal, $12,000 together ith reasonable expenses.
Costs to appellant in Supreme Court, $20,000 together with reasonable expenses. 14 November 2007
Leave judgment - leave granted
REID And Ors V R SC 95/2006 [29 May 2007] (PDF, 17 KB)
Hearing
10 and 11 October 2007_note SC3/2007
Substantive judgment / Media release
Case name
Southbourne Investments Limited v Greenmount Manufacturing Limited
Case number
SC 96/2006
Summary
Civil appeal – option in deed of lease to purchase the relevant land - lessee’s purported exercise of option rejected by lessor because the exercise allegedly failed to conform with terms of the option – Court of Appeal, applying the Reporoa Stores “exact compliance” test, held that the option was validly exercised – whether the Court of Appeal in substance applied the “exact compliance” test – whether there was in fact “exact compliance” with the terms of the option. CA 90/06 21 November 2006
Result
Application for leave to appeal granted.
20 April 2007
___________________________
The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.
2 August 2007
20 April 2007
___________________________
The appeal is allowed and the orders for summary judgment and specific performance are set aside.
The proceeding is remitted to the High Court.
The appellant is awarded costs in this Court of $13,000 together with reasonable disbursements to be fixed if necessary by the Registrar.
The costs order in the Court of Appeal is set aside. The appellant is awarded costs in that Court of $3,000.
2 August 2007
Transcripts
- Hearing date 16 April 2007 (PDF, 138 KB)
Media Releases
- mediarelease southbourneinvestments 000 (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Additional document
Transcript Hearing date 28 June 2007 (PDF, 346 KB)
Substantive judgment
Case name
Lynda Jean Whyman v Public Trust
Case number
SC 4/2005
Summary
Civil appeal - Property (Relationships) Act - appeal against the decision of the Court of Appeal allowing an appeal against the High Court's decision granting letters of administration to the respondent - interpretation of s 88(2) allowing the Court to grant leave only if it is satisfied that refusing leave would cause serious injustice - whether the choice of option B under s 61, under which the surviving spouse or de facto partner chooses not to make an application under the Act, means that there would be no jurisdiction for the Court to grant leave under s 88(2) to the administrator of the deceased's estate to entertain an application under s 25 for an order concerning the division of relationship property. CA 76/04 17 December 2004
Judgment appealed from
Result
Leave to appeal granted.
23 March 2005
___________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Case name
Basil Steven Marshall Mist v The Queen
Case number
SC 12/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal imposing a sentence of preventive detention - whether Court erred in its interpretation of s 4(2) of the Criminal Justice Act 1985 as dealing only with the situation where a new sentencing option became available between the time of the commission of the offence and the time of sentencing.
CA 480/03 25 February 2005
Result
Leave to appeal granted.
31 May 2005
_________________________
Appeal allowed.
Sentence of preventive detention quashed. Sentence imposed in the High Court reinstated but without prejudice to the Solicitor-General's submission that, in total, the finite sentences are manifestly inadequate. The question whether that is so is remitted to the Court of Appeal for determination.
1 December 2005
Leave judgment - leave granted
Substantive judgment
Transcription
Case name
Kenneth Christopher Morgan v The Superintendent, Rimutaka Prison
Case number
SC 13/2005
Summary
Habeas Corpus - whether the Parole Act 2002 applies on its terms to a person convicted prior to its enactment, but sentenced after its enactment - meaning of "penalty" in terms of s6 Sentencing Act 2002. CA 17/05 7 March 2005
Result
Leave to appeal granted. Appeal dismissed.
19 May 2005
19 May 2005
Judgment appealed from
Substantive judgment
Transcript
Case name
Peterson Portable Sawing Systems Ltd & Carl James Peterson v Rex Cameron Lucas & G W Lucas & Sons Pty Ltd
Case number
SC 14/2005
Summary
Civil appeal - Patents Act 1953 - whether the Court adopted the correct principles for the construction of the patent specification - whether the Court applied the proper test for assessing obviousness and made the appropriate distinction between novelty and obviousness - proper application of the Windsurfing International Inc v Tabur Marine (Great Britain) Ltd [1985] RPC 59 analysis. CA 64/03 4 March 2005
Result
Leave to appeal granted. 25 July 2005 _________________ The appeal is allowed.
30 March 2006
30 March 2006
Leave judgment - leave granted
Transcript
Judgment appealed from
Case name
Chamberlains v Sun Poi Lai and Hilda Lorraine Lai
Case number
SC 19/2005
Summary
Civil appeal - whether barristerial immunity from suit for negligence should be abolished - whether abolition should be prospective only effect of s 61 of the Law Practitioners Act 1982. CA 15/03 8 March 2005
Result
Leave to appeal granted. 13 June 2005 ______________________ The appeal is dismissed.
The appellants must pay the respondents $30,000 in costs together with disbursements, to be fixed if necessary by the Registrar. 11 September 2006
The appellants must pay the respondents $30,000 in costs together with disbursements, to be fixed if necessary by the Registrar. 11 September 2006
Leave judgment - leave granted
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Casata Limited v General Distributors Limited
Case number
SC 26/2005
Summary
Civil appeal - whether the Court of Appeal erred in its interpretation of the costs regime under the Arbitration Act 1996 - whether the Court of Appeal held correctly that the arbitral tribunal had erred in law in not considering party costs in the reward. CA 84/04 13 April 2005
Result
Leave to appeal granted.
6 July 2005
________________
The appeal is dismissed.
15 March 2006
6 July 2005
________________
The appeal is dismissed.
15 March 2006
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Substantive judgment
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