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)
2007
Case name
Regal Castings Limited v G M and G N Lightbody and others
Case number
SC 72/2007
Summary
Civil appeal – whether transfer of property from first respondents to second respondent trustees should have been set aside under section 60 Property Law Act 1952 – whether the transfer amounted to fraud - whether Freeman v Pope (1870) 5 LR Ch App 538 represents the correct law where an insolvent debtor transfers property – whether there is a conclusive presumption of fraud in such situations– whether the High Court should have inferred an intention to defraud even if Freeman v Pope does not represent the law – whether the Court of Appeal erred by requiring the appellant to show that prejudice to the creditor was the purpose of the transaction – whether the Court of Appeal erred in law by overlooking relevant objective factors – whether the Court of Appeal erred by putting weight on subjective factors.[2007] NZCA 396 CA 234/05 7 September 2007
Result
Application for leave to appeal granted.
13 December 2007
_______________________________
Appeal allowed. Cost to the appellant.
23 October 2008
13 December 2007
_______________________________
Appeal allowed. Cost to the appellant.
23 October 2008
Leave judgment - leave granted
Judgment appealed from
Transcript
Substantive judgment /Media release
Case name
James Arthur Rose v Karen Diane Rose
Case number
SC 73/2007
Summary
Civil – Property (Relationships) Act 1976 – whether a partnership interest is an asset for the purposes of the Act – whether improvements to land that is relationship property form part of that land by operation of Land Transfer Act 1952 definition of “land” – whether increases in value to property caused by inflation are within the scope of claims under s 9A(1) or 9A(2) – whether s 9A(2) claim required evidence of an action by the respondent that had the effect of increasing the value of the property – whether s 2G requires assets and liabilities to be valued at the same date. [2007] NZCA 406 CA 212/06 11 September 2007
Result
Application for leave to appeal granted.
6 December 2007
___________________________
Appeal and cross appeal dismissed. No order as to costs.
19 May 2009
6 December 2007
___________________________
Appeal and cross appeal dismissed. No order as to costs.
19 May 2009
Leave judgment - leave granted
ROSE V ROSE SC 73/2007 [6 December 2007] (PDF, 14 KB)
Substantive judgment / Media release
Transcript
Case name
W v The Queen
Case number
SC 74/2007
Summary
Criminal – appeal against convictions for historical sexual offending – whether the admission of evidence in rebuttal to a recent complaint allegation, which evidence the Court of Appeal held to be inadmissible, created a miscarriage of justice. [2007] NZCA 408 CA 164/07 11 September 2007
Result
Application for leave to appeal dismissed .
5 December 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
DE; LW and CW v Chief Executive of the Ministry of Social Development
Case number
SC 75/2007
Summary
Civil – appeal against decision refusing a writ of habeas corpus in relation to the first appellant’s child – Family Court issued, on an ex parte basis, an interim custody order under s 78 of the Children, Young Persons and Their Families Act 1989 – whether the s 78 interim custody order was used in an unlawful manner. [2007] NZCA 451 CA 358/07 18 October 2007
Result
Application for leave to appeal dismissed.
28 November 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wayne Darren McGregor v The Queen
Case number
SC 76/2007
Summary
Criminal appeal – Sentencing Act 2002 – sentencing bands for grievous bodily harm – whether sentence imposed is manifestly excessive and wrong in principle – whether R v Taueki [2005] 3 NZLR 372 is correctly decided – in particular, whether it is correct to focus on the presence of identified aggravating features – whether Taueki has improperly led to a rise in sentencing levels over the bottom half of the range of sentences imposed for grievous bodily harm.[2007] NZCA 435 CA 320/07 10 October 2007
Result
Application for leave to appeal dismissed. 28 February 2008
Leave judgment - leave dismissed
MCGREGOR v R SC 76/2007 [28 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Carey Dean Turner v The Queen
Case number
SC 77/2007
Summary
Criminal Appeal – sexual violation – whether evidence given by the complainant was incorrectly admitted – whether the evidence was recent complaint evidence – whether the trial Judge should have given a direction to the jury about recent complaint evidence – whether the trial judge erred by giving incorrect directions to the jury about the status of a video statement made out of Court by the accused - whether this direction by the trial judge undermined the tripartite direction given about the way the jury ought to consider evidence given by the accused at trial – whether the Court of Appeal erred by dismissing the appellants appeal to that Court.[2007] NZCA 437 CA 181/07 1 October 2007
Result
Application for leave to appeal dismissed. 5 March 2008
Leave judgment - leave dismissed
TURNER v R SC 77/2007 [5 March 2008] (PDF, 22 KB)
Judgment appealed from
Case name
W v The Queen
Case number
SC 78/2007
Summary
Criminal – appeal against conviction – sexual offending against daughter – alleged errors in interventions, directions and summing-up by trial Judge, circumstances of recall of expert witness by Crown after closing addresses, and conduct of defence counsel – whether various alleged trial errors, individually or collectively, may have given rise to a substantial miscarriage of justice.[2007] NZCA 34 CA 222/06 1 March 2007
Result
Application for leave to appeal dismissed. 15 April 2008
Leave judgment - leave dismissed
W V R SC 78/2007 [15 April 2008] (PDF, 18 KB)
Judgment appealed from
Case name
Terrence Austin McFarland v The Queen
Case number
SC 79/2007
Summary
Criminal – appeal against conviction for maiming with intent to cause grievous bodily harm – applicant was unrepresented at trial – amicus curiae appointed without prior notice to the applicant, in his absence, and without his consent – whether the amicus made a substantial error in failing to advise the applicant against calling evidence from the former co-accused – whether the trial Judge erred by misdirecting the jury on the standard of proof and failing to provide directions on the cross-examination and the submissions made to the jury by crown counsel.[2007] NZCA 449 CA 385/06 18 October 2007
Result
Application for leave to appeal dismissed. 5 March 2008
Leave judgment - leave dismissed
MCFARLAND v R SC 79/2007 [5 March 2008] (PDF, 19 KB)
Judgment appealed from
Case name
Rebecca Katszi Li v The Queen
Case number
SC 80/2007
Summary
Criminal – appeal against conviction and sentence – applicant convicted on multiple counts of forgery under s 256(1) of the Crimes Act 1961 – seeking order quashing convictions under s 256(1) and substituting new convictions under s 256(2) – seeking order quashing sentence and imposing a sentence commensurate with convictions under s 256(2) – whether Court of Appeal erred in its interpretation of s 256 of the Crimes Act.[2007] NZCA 403 CA 449/06 10 September 2007
Result
Application for leave to appeal granted.
18 March 2008
____________________
The appeal is dismissed.
19 December 2008
18 March 2008
____________________
The appeal is dismissed.
19 December 2008
Media Releases
- sc 80 2007 rebecca katszi li v rpress release (PDF, 87 KB)
Leave judgment - leave granted
LI v R SC 80/2007 [18 March 2008] (PDF, 12 KB)
Substantive judgment
LI v R SC 80/2007 [19 December 2008] (PDF, 108 KB)
Judgment appealed from
Substantive judgment / Media release
Transcript
Case name
Bronwyn Estate Limited, Barry’s Car Sales, Patrick Antony Darby v Gareth Russel Hoole and Kevin David Pitfield as receivers of Hillcrest Services Limited (in receivership) and Hillcrest Services Limited
Case number
SC 81/2007
Summary
Civil appeal – costs awarded against applicants for Anton Pillar application – applicants appealed against cost award – whether the Court of Appeal was correct to refuse to dispense with security for costs – whether this decision denies the applicants access to justice by preventing them from continuing with their appeal. CA 133/07 1 November 2007
Result
Application for leave to appeal dismissed . Costs $1,500 to the respondents. 8 February 2008
Leave judgment - leave dismissed
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