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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.

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
Ngahuia Reihana Whanau Trust v Mavis & Earl Flight and Ngahuia Kakahi Reihana Trust.
Case number
SC CIV 20/2004
Summary
Civil appeal - Whether an earlier judgment of the Court of Appeal should have been recalled - Whether the applicant was able, in the earlier hearing, to present adequate arguments in relation to the central legal principle. CA23/03 26 July 2004
Result
Leave to appeal declined. 8 November 2004
Leave judgment - leave dismissed
NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor SC SC CIV 20/2004 8 November 2004 (PDF, 8 KB)
Judgment appealed from

NGAHUIA REIHANA WHANAU TRUST V FLIGHT And Anor CA CA23/03 26 July 2004
Case name
Alison Mary Davidson v ASB Bank Ltd.
Case number
SC CIV 21/2004
Summary
Civil appeal - whether public policy should prevent recovery under an indemnification agreement against a trustee personally when the principal debt is unenforceable against the Trust - whether unenforceable debt falls within indemnification clause. CA95/03 8 October 2004
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 9 December 2004
Judgment appealed from

ASB BANK LTD V DAVIDSON And Ors CA CA95/03 8 October 2004
Case name
Calan Healthcare Properties Limited v Richard John Ord and Colleen Mary Fenton.
Case number
SC CIV 22/2004
Summary
Civil appeal - whether the lodging of an updating share transfer, which gives effect to a change of trustee, establishes that "a shareholder is intending to transfer any shares", and thus triggers rights of pre-emption under the appellant's constituion - propoer approach to interpretation of a constitution. CA31/04 CA165/04 7 October 2004
Result
Application for leave to appeal is dismissed. Costs to Respondents of $2,500 plus disbursements to be fixed if necessary by the Registrar. 27 April 2005
Leave judgment - leave dismissed
CALAN HEALTHCARE PROPERTIES LIMITED V ORD AND FENTON SC CIV 22/2004 [27 April 2005] (PDF, 22 KB)
Judgment appealed from

ORD & FENTON V CALAN HEALTHCARE PROPERTIES LTD CA CA31/04 7 October 2004
Case name
Parsoa Bahramitash v Stish Kumar and Sunila Kumar
Case number
SC CIV 23/2004
Summary
Civil appeal - Conveyancing - Whether the Court of Appeal erred in ordering specific performance - Whether the remedy of specific performance is reserved by clauses 9.5 and 9.7 of the REINZ-ADLS standard form agreement for sale and purchase - Whether clause 4.2(2) provides an exclusive remedy and ousts the application of equitable principles. CA 51/04 8 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 3 March 2005 ______________________ Appeal dismissed. Costs to respondent $15,000 plus disbursements. Reasons now added. 30 June 2005
Leave judgment - leave granted
PARSOA BAHRAMITASH V SATISH KUMAR AND SUNILA KUMAR SC SC CIV23/2004 [3 March 2005]
Reason for judgment

BAHRAMITASH V KUMAR SC CIV 23/2004 [21 June 2005]
Judgment appealed from

KUMAR AND KUMAR V BAHRAMITASH CA CA51/04 8 November 2004
Substantive judgment

BAHRAMITASH V KUMAR SC CIV 23/2004 [21 June 2005]
Transcript

Hearing date : 3 March 2005

Hearing date : 21 June 2005
Case name
James Bryson v Three Foot Six Limited
Case number
SC CIV 24/2004
Summary
Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label. CA 246/03 12 November 2004
Result

Gault J; Blanchard J.

Leave to appeal granted.

22 February 2005

_____________________

New Zealand Council of Trade Unions granted Intervener status.

14 March 2005

______________

Business New Zealand granted Intervener status.

16 March 2005

__________________________

The appeal is allowed.

The decision of the Employment Court is restored.

Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions.

16 June 2005

___________________________

Judgment of the Court on Costs issued.

10 August 2005
Leave judgment - leave granted
JAMES BRYSON V THREE FOOT SIX LIMITED SC SC CIV 24/2004 [22 February 2005]
Judgment on costs
BRYSON V THREE FOOT SIX LIMITED SC CIV 24/2004 [10 August 2005]
Transcript
Hearing date : 8 April 2005
Substantive judgment
BRYSON V THREE FOOT SIX LIMITED SC CIV 24/2004 [16 June 2005]
Case name
W J Clark v The Attorney-General
Case number
SC CIV 25/2004
Summary
Civil appeal against the refusal of an application for interim name suprpession - whether failure to give name suppression amounted to a breach of the New Zealand Bill of Rights Act 1990 or the Convention Against Torture - whether the principle of open justice requires that the applicant's name be publicly available - whether, and to what extent the practice of the United Nations's Committee Against Torture and the right to privacy are relevant to the application.CA 213/04 2 December 2004; 8 December 2004
Result
Leave to appeal refused. 17 February 2005
Leave judgment - leave dismissed
CLARK V THE ATTORNEY-GENERAL SC SC CIV 25/2004 [17 February 2005] (PDF, 17 KB)
Case name
Henry John Esdaile Nation v Nicola Mary Nation
Case number
SC CIV 26/2004
Summary
Relationship property - whether the determination of the date for assessment of the effect of disposition under s44C Property (Relationships) Act 1976 should be the date of the hearing - whether certain livestock is relationship property - whether a 'put to use' arrangement in respect of livestock can have the status of a property right for the purpose of s10(2) CA 190/03 26 November 2004
Result
21 April 2005

Leave to appeal granted.

8 April 2005

__________________

Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Leave judgment - leave granted
HENRY JOHN ESDAILE NATION V NICOLA MARY NATION SC  SC CIV 26/2004
Transcript

Hearing date 5 April 2005

Hearing date : 22 July 2005
Judgment appealed from

Nation v Nation [2004] NZCA 288 (26 November 2004)
Case name
John Hemmes v John Patrick Young
Case number
SC CIV 27/2004
Summary
Family law - whether s16(2) of the Adoption Act 1995 precludes the High Court from issuing a declaration of paternity under s10 of the Status of Children Act 1969 in respect of a child and natural parent where the child has been adopted.
Result

Leave to appeal granted.

8 March 2005

______________

Appeal allowed. All orders made below are set aside. The proceeding is struck out. Costs to the appellant in the total sum of $25,000 to cover all courts plus disbursements.

15 July 2005
Leave judgment - leave granted
HEMMES V YOUNG  [2005] NZSC 9  8 March 2005
Substantive judgment

HEMMES V YOUNG SC CIV 27/2004 [15 July 2005]
Transcript

Hearing date : 23 June 2005
Judgment appealed from
CA 33/04 26 November 2004 (note : not available electronically)
Case name
Robert Frank Terry v R
Case number
SC CRI 1/2004
Summary
Criminal appeal against conviction - whether Crown established elements of offence beyond reasonable doubt - whether appellant was misled or prejudiced by irregularity in initial information laid. CA 460/03 6 April 2004
Result
Leave to appeal refused. 15 July 2004
Leave judgment - leave dismissed
ROBERT FRANK TERRY V R SC SC CRI 1/2004 [15 July 2004] (PDF, 15 KB)
Judgment appealed from

NZLII : TERRY v R [2004] NZCA 48 (6 April 2004)
Case name
Alan Ivo Greer v R
Case number
SC CRI 2/2004
Summary
Criminal appeal against conviction and sentence - whether conviction was against the weight of the evidence or unreasonable - whether the Court of Appeal failed to give the applicant a reasonable opportunity to be heard by refusing an application for an adjournment in order to facilitate further discovery. CA 49/03 15 March 2004
Result
Leave to appeal refused. 15 July 2004
Leave judgment - leave dismissed
ALAN IVO GREER V R SC SC CRI 2/2004 [15 July 2004] (PDF, 16 KB)
Judgment appealed from
NZLII : GREER v R [2004] NZCA 19 (15 March 2004)
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