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)
2016
Case name
David Charles Browne and David Browne Contractors Limited and David Browne Mechanical Limited v David Ross Petterson as liquidator of Polyethylene Pipe Systems Limited (in liquidation)
Case number
SC 57/2017
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its approach to, and appreciation of, the evidence – Whether the Court of Appeal erred in its application of ss 295(a), 299(1) and 299(3) of the Companies Act 1993. [2016] NZCA 189 CA291/2015
Result
A The application for leave to appeal by Mr Browne is dismissed.
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
B Leave to appeal is granted to David Browne Contractors Ltd and David Browne Mechanical Ltd.
The approved question is whether the orders for repayment ought to have been made against them.
C Costs are reserved.
16 August 2016
____________________
A The appeal is dismissed.
B The appellants must pay the respondent costs of $30,000 plus reasonable disbursements (to be
determined by the Registrar in the absence of agreement). We certify for two counsel.
7 August 2017
Transcripts
- Hearing date 10 November 2016 (PDF, 512 KB)
Media Releases
- MR [2017] NZSC 116 (PDF, 267 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Kerryn Mitchell v The Queen
Case number
SC 1/2016
Summary
Criminal appeal – Bail – Whether the Court of Appeal erred in dismissing the application for bail before the applicant had submitted further written submissions to that Court.[2015] NZCA 634 CA 675/2015
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
24 February 2016
Judgment appealed from
not available
Case name
Peter Gerard Stockman v NZ Asscoiation of Counsellors Incorporated
Case number
SC 2/2016
Summary
Civil Appeal – Whether the Court of Appeal should have recalled its judgment ordering standard rather than indemnity costs – Whether judgments must directly refer to all submissions made by parties. [2015] NZCA 542 CA 669/2013
Result
The application for leave to appeal is dismissed.
There is no order for costs.
29 February 2016
_____
A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.
B There is no order for costs.
7 April 2016
There is no order for costs.
29 February 2016
_____
A The application for recall of the Court’s judgment in Stockman v New Zealand Association of Counsellors Inc [2016] NZSC 18 is dismissed.
B There is no order for costs.
7 April 2016
High Court decision
Leave judgment - leave dismissed
Recall judgment
NZCA judgment appealed from
Case name
William Yan and Wei You v Commissioner of Police
Case number
SC 3/2016
Summary
Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009. [2015] NZCA 576 CA 683/2014
Result
Application for leave to appeal dismissed.
26 April 2016
26 April 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Zhihong Xu v Lijing Zeng v Commissioner of Police
Case number
SC 4/2016
Summary
Civil Appeal – Criminal Proceeds (Recovery) Act 2009, s 29 – Whether the Court of Appeal erred in its interpretation of s 29 Criminal Proceeds (Recovery) Act 2009.[2015] NZCA 576 CA 684/2014
Result
Application for leave to appeal dismissed. 26 April 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Kulbir Singh and Navjot Kaur v Chief Executive, Ministry of Busines, Innovation and Employment
Case number
SC 5/2016
Summary
Civil Appeal – Immigration Act, s 177 – Whether Court of Appeal interpreted s 177 Immigration Act correctly – Whether Court of Appeal applied the correct standard for unreasonableness to a deportation decision.[2015] NZCA 592 CA 484/2014
Result
Application for leave to appeal dismissed.
19 April 2016
19 April 2016
High Court decision
Leave judgment - leave dismissed
Case name
Garry Albert Muir and Peter Arnold Maude v Commissioner of Inland Revenue
Case number
SC 6/2016
Summary
Civil Appeal – Whether the applicants’ claims for tax deductions under sub-pt EH of the Income Tax Act 1994 are arguable – Whether the Court of Appeal erred in awarding indemnity costs. [2015] NZCA 591 CA276/2016
Result
A The application for leave to appeal is granted (Muir v Commissioner of Inland Revenue [2015] NZCA 591).
B The approved questions are whether the Court of Appeal was right:
(i) to find that the appellant could not arguably pursue claims for the 1999 and following tax years in reliance on sub-pt EH of the Income Tax Act 1994; and
(ii) to award costs on an indemnity basis against the appellant.
20 July 2016
______________
A The appellant’s application for leave to amend the grounds of appeal is dismissed.
B Leave to appeal is revoked.
C The appellant is to pay costs of $6,000 to the respondent, plus reasonable disbursements.
26 August 2016
B The approved questions are whether the Court of Appeal was right:
(i) to find that the appellant could not arguably pursue claims for the 1999 and following tax years in reliance on sub-pt EH of the Income Tax Act 1994; and
(ii) to award costs on an indemnity basis against the appellant.
20 July 2016
______________
A The appellant’s application for leave to amend the grounds of appeal is dismissed.
B Leave to appeal is revoked.
C The appellant is to pay costs of $6,000 to the respondent, plus reasonable disbursements.
26 August 2016
Date of hearing
22 August 2016
Judges
Elias CJ, William Young, Glazebrook, Arnold and O'Regan JJ
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Additional document
Case name
Douglas John Williamson v The Queen
Case number
SC 7/2016
Summary
Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence. [2015] NZCA 621 CA 398/2014
Result
Application for leave to appeal dismissed.
26 April 2016
26 April 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Blackwood Williamson v The Queen
Case number
SC 8/2016
Summary
Criminal appeal – Whether the Court of Appeal erred in finding that no miscarriage of justice occurred despite trial counsel acting inconsistently with his client’s instructions – Whether the Court of Appeal erred in its application of the Animal Welfare Act 1999, s 28 – Whether the Court of Appeal erred in declining an application to adduce further evidence.[2015] NZCA 621 CA 399/2014
Result
Application for leave to appeal dismissed. 26 April 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
W v The Queen
Case number
SC 9/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.[2011] NZCA 135 CA 591/2010
Result
A An extension of time is granted.
B The application for leave to appeal is dismissed.
2 May 2016
B The application for leave to appeal is dismissed.
2 May 2016
Leave judgment - leave dismissed
IVAN JAMES WILSON v R [2016] NZSC 47 2 May 2016 (PDF, 78 KB)
Judgment appealed from
Page 1 of 16