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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
2004
Case name
Peter Francis Urbani v Gillions and Sons Limited
Case number
SC 2/2004
Summary
Civil appeal - standard to be applied by Court of Appeal in appeals from findings of fact whether the Court of Appeal should evaluate the relevant evidence and reach and express its own conclusions. CA 56/03 1 April 2004
Result
Leave to appeal refused.
15 July 2004
_________________________
Decision on costs.
17 August 2004
15 July 2004
_________________________
Decision on costs.
17 August 2004
Transcripts
- Hearing date 13 July 2004 (PDF, 111 KB)
Court of Appeal decision
Leave judgment - leave dismissed
Additional document
Case name
Westfield (New Zealand) Limited and Northcote Mainstreet Incorporated v North Shore City Council and Discount Brands Limited
Case number
SC 4/2004 SC CIV 4/2004
Summary
Civil appeal - resource management - application for consent for non-complying activity - whether a decision to proceed on a non-notified basis is extraordinary - whether the correct standard of review of such a decision is to be in accordance with traditional Wednesbury principles - whether the cautionary approach discussed in Bayley v Manukau City Council (1999) NZLR 568 should be adopted in non-notification decisions - whether there was sufficient material before the Commissioners to enable them to conclude that the effects of the application would be more than de minimis. CA 30/04 14 June 2004.
Result
6 October 2004 Elias CJ; Tipping J Leave to appeal granted.
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
6 October 2004
________________________________
The appeal is allowed. The order of the High Court is restored. The decisions made by the North Shore City Council (a) on 25 July 2003 not to require notification of the second respondent's resource consent application and (b) on 21 August 2003 granting that application are set aside. Costs in favour of the appellants are to be fixed by the Court following receipt of written submissions.
19 April 2005
Transcripts
- Hearing date 6 - 8 December 2004 (PDF, 685 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Richard Prebble and Ken Shirley v Donna Awatere Huata
Case number
SC 9/2004 SC CIV 9/2004
Summary
Whether distortion of "the proportionality of political party representation in Parliament" in terms of s55D of the Electoral Act 1993 was properly limited to conduct which alters a party's relative voting strength through defection - whether the belief of the leaders of the Act party that Huata had acted so as to distort the proportionality of Parliament was a reasonable one - whether, and to what extent, the scope of judicial review is limited in the context of ss55A-55D of the Act. CA34/04 16 July 2004
Result
Leave to appeal granted.
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
25 August 2004
_________________
A Appeal allowed
B Order of the Court of Appeal prohibiting delivery of the proposed notice to the Speaker of the House of Representatives is discharged.
C Appellant entitled to costs in this and the lower courts.
18 November 2004
________________________
Costs to appellant in the sum of $15,000, together with disbursements of $2,000.
19 April 2005
Transcripts
- Hearing 5 October 2004 (PDF, 305 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Additional document
Case name
Vaughn Bennett v The Queen
Case number
SC 16/2004 CRI 16/2004
Summary
Criminal appeal against conviction and sentence for charges of manslaughter and supply of a Class B drug - appellant administered methadone to victim - when a witness may be allowed to refresh his/her memory from statements made to police - when and how a timeline may be presented to a jury - whether a sentence of ten years' imprisonment (with a six year non-parole period) was within the range available to the sentencing judge. CA457/03 23 September 2004
Result
Application for leave to appeal refused.
10 December 2004
10 December 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Francis Anthony Jew and Lilian Gail Godfrey as executors of the will of the late Eric Schroder and trustees of the Clevedon Trust.
Case number
SC CIV 1/2004
Summary
Challenge to court directions on trustees' duties in respect of Family Protection Act appeal where the trust is residuary beneficiary in the estate. CA 241/03 26 February 2004
Result
Leave to appeal refused. 6 May 2004
Leave judgment - leave dismissed
Judgment appealed from
not publicly available
Case name
Jason Paul Burke v The Superintendent, Wellington Prison, The Parole Board and the Attorney-General.
Case number
SC CIV 3/2004
Summary
Habeas Corpus CA 79/03 26 May 2004
Result
Leave to appeal refused. 30 June 2004
Leave judgment - leave dismissed
Judgment appealed from
Case name
Benjamin Eugene Manuel v The Superintendent, Hawkes Bay Prison
Case number
SC CIV 5/2004
Summary
Habeas Corpus - proper case scope of writ of habeas corpus under the Habeas Corpus Act 2001 - relationship with judicial review. Parole - nature of parole - test for recall - conformity with New Zealand Bill of Rights Act 1990 and the International Covenant on Civil and Political Rights - Parole Board procedure on recall. CA 67/01 15 June 2004
Result
Leave to appeal refused. 3 August 2004
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Otago Station Estates Limited v John Robert Parker; and David John Parker and Lorraine Maree Parker.
Case number
SC CIV 6/2004
Summary
Civil appeal - method of payment of a deposit in a conveyancing transaction where notice of intention to cancel for non-payment of deposit has been given - whether payment in law requires legal tender or whether tendering a personal cheque is sufficient. CA 158/03 10 June 2004
Result
Leave to appeal granted.
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
12 October 2004
_____________________
The appeal is dismissed. Costs in favour of the respondents are to be fixed following receipt of memoranda of counsel.
19 April 2005
Leave judgment - leave granted
Judgment appealed from
Substantive judgment / Media release
Transcript
Hearing date : 12 October 2004
Gault J; Keith J.
Case name
Wynston Alexander Cecil Chirnside & Rattray Properties Limited v Richard Elmore Fay
Case number
SC CIV 7/2004
Summary
Civil appeal – commercial relationship for the purposes of property development – whether this gave rise to a joint venture of a commercial kind – whether a fiduciary relationship can arise where parties are negotiating towards a joint venture – whether in this case the parties owed fiduciary obligations to each other.
Result
A. The appeal and cross-appeal are each allowed in part.
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
B. The damages and interest awards made by the Court of Appeal are set aside.
C. The judgment entered for Mr Fay against Mr Chirnside in the High Court is varied from $495,000 to $850,000 plus interest as awarded by the High Court.
D. Judgment is entered for Mr Fay against Rattray Properties Ltd for $850,000 plus interest in the same terms as awarded against Mr Chirnside. E. The caveat lodged by Mr Fay against the title to the Harvey Norman project is to be removed. F. Mr Chirnside is to pay Mr Fay costs in respect of the proceedings in this court in the total sum of $15,000 plus disbursements, to be fixed if necessary by the registrar. The costs awarded to Mr Fay in the Court of Appeal are increased from $4,000 to $10,000. Costs in the High Court are to remain as fixed by that court. 6 September 2006
Leave judgment - leave granted
Transcript
Substantive judgment / Media release
Case name
Te Runanga O Muriwhenua v Treaty of Waitangi Fisheries Commission; The Attorney-General of New Zealand; The Minister of Fisheries; Te Kotahitanga O Te Arawa Fisheries Trust and Te Runanaga O Ngai Tahu
Case number
SC CIV 8/2004
Summary
Judicial review - allocation of assets provided in settlement of Maori commercial fishing claims - whether the final allocation model proposed by the Commission in its final report He Kawai Amokaura is unreasonable - whether the allocation model should have taken into account alleged inequities deriving from the way quota was managed by the Commission from 1990 onwards - whether the consultation undertaken by the Commission leading up to its final report on this issue was sufficient. CA 73/04 30 June 2004
Result
Leave to appeal dismissed. 23 September 2004
Leave judgment - leave dismissed
Judgment appealed from
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