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)
2015
Case name
Allianz New Zealand Limited and HHR Christchurch NTL Limited v Crystal Imports Limited and Allianz New Zealand Limited
Case number
SC 81/2015
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the second cause of action, estoppel, was appropriate for summary judgment – Whether the Court of Appeal erred in applying the law of estoppel [2015] NZCA 283 CA 734/2013
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 18 September 2015
Case name
Heartland Bank Limited (formerly Marac Finance Limited ) v Vero Liability Insurance Limited
Case number
SC 82/2015
Summary
Civil Appeal – Insurance – Whether the Court of Appeal erred in its interpretation of “clear intent” in crime risk insurance – Whether the Court of Appeal erred in its interpretation of the policy when assessing coverable loss. [2015] NZCA 288 CA 712/2013
Result
A The application for leave to appeal is dismissed. B Costs of $2,500 are payable by the applicant to the respondent.
3 November 2015
3 November 2015
Leave judgment - leave dismissed
Case name
Shane James Old v The Queen
Case number
SC 83/2015
Summary
Criminal appeal – whether the Court of Appeal erred in its approach to evidential issues.[2015] NZCA 252 CA 739/2014
Result
The application for an extension of time within which to apply for leave to appeal is granted. The application for leave to appeal is dismissed. 18 November 2015
Leave judgment - leave dismissed
SHANE JAMES OLD v R [2015] NZSC 175 18 November 2015 (PDF, 75 KB)
Judgment appealed from
Case name
B v C
Case number
SC 84/2015
Summary
Civil Appeal – Application for leave for a direct appeal from High Court – Whether the High Court erred in not declaring the proceedings as null and void due to the applicant’s diplomatic immunity – Whether the High Court erred in holding that the New Zealand Family Court is the appropriate forum in which to decide issues concerning the care and welfare of the applicant and the respondent’s children.[2015] NZHC 1595 CIV 2014 485 11245
Result
A The application for leave to appeal is dismissed.
B The application for interim relief is dismissed.
C The applicant must pay costs of $2,500 to the respondent.
16 September 2015
Leave judgment - leave dismissed
Case name
Malcolm Edward Rabson v Transparency International New Zealand Incorporated
Case number
SC 85/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43(2) – Whether the Court of Appeal should have granted the application for an extension of time. CA 156/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
16 October 2015
___________________________
Application for recall dismissed.
22 October 2015
B The applicant must pay costs of $2,500 to the respondent.
16 October 2015
___________________________
Application for recall dismissed.
22 October 2015
Recall judgment
Leave judgment - leave dismissed
Case name
Morton v The Queen
Case number
SC 86/2015
Summary
Criminal Appeal – Appeal against pre-trial ruling – Evidence Act 2006, s 49 – Appellant charged as party to offending when principals convicted in previous trial – Whether exceptional circumstances exist to direct that convictions are not conclusive evidence of principal offending.[2015] NZCA 322 CA 266/2015
Result
A The application for leave to appeal is granted (M v R [2015] NZCA 322).B The approved question is:“Whether the Court of Appeal erred in its interpretation and application of ss 44 and 49 of the Evidence Act 2006”.
27 August 2015
_______________
A The appeal is allowed.
B Permission under s 49(2)(a) of the Evidence Act 2006 is given to the appellant to adduce evidence from himself and the co-defendants in which they may give their accounts of their interactions with the complainant on the night of the offending and as to the prior sexual relationship of one of the co-defendants with the complainant.
C Permission is refused in respect of the recantation and inconsistent conduct evidence and the evidence referred to in [74] (other than that identified in [77]).
D There is no direction under s 49(2)(b).
5 May 2016
27 August 2015
_______________
A The appeal is allowed.
B Permission under s 49(2)(a) of the Evidence Act 2006 is given to the appellant to adduce evidence from himself and the co-defendants in which they may give their accounts of their interactions with the complainant on the night of the offending and as to the prior sexual relationship of one of the co-defendants with the complainant.
C Permission is refused in respect of the recantation and inconsistent conduct evidence and the evidence referred to in [74] (other than that identified in [77]).
D There is no direction under s 49(2)(b).
5 May 2016
Date of hearing
18 November 2015
Judges
Elias CJ, William Young, Glazebrook, Arnold, O’Regan JJ.
Court of Appeal decision
Not publicly available
Substantive judgment
Case name
Carl James Peterson v Attorney-General
Case number
SC 87/2015
Summary
Civil Appeal – Whether an extension of time should be granted – Whether leave to appeal directly to the Supreme Court should be granted to allow the applicant to challenge the decision in Attorney-General v Chapman [2011] NZSC 110, [2012] 1 NZLR 462 – Whether Associate Judge Christiansen’ s judgment should be set aside. [2015] NZHC 1336 CIV 2015 463 22
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
23 October 2015
B The applicant must pay costs of $2,500 to the respondent.
23 October 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
JWB v The Queen
Case number
SC 88/2015
Summary
Criminal appeal – Whether the trial Judge’s directions in relation to s 168 of the Crimes Act 1961 risked miscarriage of justice – Whether the Court of Appeal erred in its application of s 104 of the Sentencing Act 2002. [2015] NZCA 306 CA 687/2014
Result
The application for leave to appeal is dismissed.
16 March 2016
Case name
Anthony Paul Mount and Kaye Pamela Mount v Eleanor Margaretta Hannay and others
Case number
SC 89/2015
Summary
Civil Appeal – breach of fiduciary duty – whether the Court of Appeal erred to the extent to which it upheld judgment entered into against the applicant in the High Court.[2014] NZCA 600 CA 34/2012
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay the respondents (collectively) costs of $2,500.
30 October 2015
B The applicants are to pay the respondents (collectively) costs of $2,500.
30 October 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Janine Davina Sax v Luke Andrew Simpson
Case number
SC 90/2015
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43 – Whether the Court of Appeal erred in dismissing the applicant’s application for an extension of time to file the case on appeal. [2015] NZCA 362 CA 112/2015
Result
Application for leave to appeal dismissed. No order as to costs.
15 October 2015
____________________
Application for recall dismissed
22 October 2015
15 October 2015
____________________
Application for recall dismissed
22 October 2015
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
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