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.
23 December 2024
Case information summary 2024 (as at 23 December 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 23 December 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
2009
Case name
CJ B v MVB
Case number
SC 1/2009
Summary
Civil – family law – Property (Relationships) Act 1908 – parties ended a de facto relationship but subsequently married and later separated again – Court of Appeal held that, for the purposes of s 4C of the Act, the parties’ marriage was not a continuation of their de facto relationship – whether the Court of Appeal was correct to apply a different yardstick in deciding whether a relationship had come to an end for married and de facto couples during a period of temporary separation.[2008] NZCA 520 CA 412/2008 2 December 2008
Result
Application for leave to appeal refused. 17 March 2009
Case name
MJT v DGH
Case number
SC 2/2009
Summary
Civil Appeal – Hague Convention – Sections 105 and 106 Care of Children Act 2004 – Appeal against Court of Appeal’s refusal to stay Family Court order to return children to Australia – whether children at grave risk if returned to Australia – whether the children were habitually resident in New Zealand – whether the children’ s human rights have been breached.[2008] NZCA 586 CA 776/2007 24 December 2008
Result
Application for leave to appeal dismissed.
4 February 2009
4 February 2009
Leave judgment - leave dismissed
MT v DH SC 2/2009 [4 February 2009] (PDF, 20 KB)
Judgment appealed from
Case name
David Cullen Bain v The Queen
Case number
SC 3/2009
Summary
[2008] NZCA 585 CA 572/2008, CA 672/2008 24 December 2008
Result
Notice of Abandonment of Appeal being lodged, the appeal is deemed to be dismissed.
9 February 2009
9 February 2009
Case name
Michael Gregory v Thomas Patrick Joseph Gollan and others
Case number
SC 4/2009
Summary
Civil appeal - application for proceeding to trial by judge and jury – alleged wrongful arrest – whether proceedings involve mainly questions of law – whether discretion to allow trial by judge has been properly exercised - whether trial by judge denies the appellant of constitutional rights – whether c.29 Magna Carta applies to civil proceedings concerning wrongful arrest.[2008] NZCA 568 CA 699/2007 19 December 2008
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent.
30 March 2009
30 March 2009
Leave judgment - leave dismissed
GREGORY v GOLLAN AND ORS SC 4/2009 [30 March 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Arthur William Taylor v The Queen
Case number
SC 5/2009
Summary
Criminal Appeal – kidnapping and escaping from lawful custody – appeal against conviction and sentence – whether a plea of previous acquittal was available to the applicant at his trial – whether the Court of Appeal was correct to hold that whether the applicant was in lawful custody was an issue for the judge – whether the sentence was excessive [2008] NZCA 558 CA 61/2008 17 December 2008
Result
Application for leave to appeal is dismissed.
15 May 2009
15 May 2009
Leave judgment - leave dismissed
TAYLOR v R SC 5/2009 [15 May 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Beverley Rawleigh v Derek Maxwell Tait
Case number
SC 6/2009
Summary
Civil – Breach of fiduciary duty – Liability – Solicitor acted for both husband and wife in a transaction without informed consent of wife – Whether a solicitor is liable for losses flowing from a transaction in which he acted for a client in breach of his fiduciary duty to avoid conflicts of interest where the client would have entered into the transaction in any event.[2008] NZCA 525 CA 609/2007 3 December 2008
Result
Application for leave to appeal is dismissed. Costs $2,500 to the respondent.
17 February 2009
17 February 2009
Leave judgment - leave dismissed
Rawleigh v Tait SC 6/2009 [17 February 2009] (PDF, 16 KB)
Judgment appealed from
Case name
Kimberley Birkenfeld v Anthony Bruce Kendall and Yachting New Zealand Inc
Case number
SC 7/2009
Summary
Civil Appeal – damages claim in negligence following boating accident causing physical injury to the applicant – permanent stay ordered in Court of Appeal – whether Court of Appeal failed to consider issues before it – whether Court of Appeal should give reasons in relation to issues that did not need to be decided in order to dismiss the appeal – whether Court of Appeal sufficiently accommodated the applicant’s disabilities.[2008] NZCA 531 CA 570/2007 4 December 2008
Result
Application for leave to appeal dismissed with costs $2500 to the respondents jointly. 1 July 2009
Leave judgment - leave dismissed
BIRKENFELD v KENDALL SC 7/2009 [1 July 2009] (PDF, 17 KB)
Judgment appealed from
Case name
Arshad Mahmood Chatha v The Queen
Case number
SC 8/2009
Summary
Criminal – Appeal against conviction and sentence – Whether Court of Appeal erred in concluding sentence not manifestly excessive and/or wrong in principle – Sentencing Act 2002, s 30 – Whether Court of Appeal erred in finding requirements of s 30 satisfied – Appeal against two recusal judgments – New Zealand Bill of Rights Act 1990, s 25(a) – Whether Court of Appeal erred in dismissing application for Judge’ s recusal.[2008] NZCA 427 CA 685/2007 10 December 2008
Result
Application for leave to amend the grounds of appeal is dismissed. Application for leave to appeal is dismissed. 24 March 2009
Leave judgment - leave dismissed
CHATHA v R SC 8/2009 [24 March 2009] (PDF, 19 KB)
Judgment appealed from
Case name
Michael Joseph Cavanagh v The Queen
Case number
SC 9/2009
Summary
Criminal appeal – application for an extension of time for appeal – convictions for offences relating to the supply of methamphtamine – forfeiture orders were made under s 15(1) Proceeds of Crime Act for a range of property – appeal on forfeiture orders made out of time – whether delay due to conduct of counsel – whether leave to appeal out of time should be granted[2008] NZCA 579 CA 57/2008 22 December 2008
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed. 23 March 2009
Judgment appealed from
Case name
Shannon Kay Stevens v Solicitor-General
Case number
SC 10/2009
Summary
Criminal appeal – application for an extension of time for appeal – convictions for offences relating to the supply of methamphtamine – forfeiture orders were made under s 15(1) Proceeds of Crime Act for a range of property – appeal on forfeiture orders made out of time – whether delay due to conduct of counsel – whether leave to appeal out of time should be granted[2008] NZCA 579 CA 325/2008 22 December 2008
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
23 March 2009
23 March 2009
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