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
Michael Kristian Olsen v The Queen
Case number
SC 152/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in rejecting the applicant’s claim of trial counsel error – Whether fresh evidence undermines the safety of the applicant’s conviction. [2016] NZCA 256 CA632/2014
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed. 2 March 2017
B The application for leave to appeal is dismissed. 2 March 2017
Leave judgment - leave dismissed
MICHAEL KRISTIAN OLSEN v R [2017] NZSC 18 2 March 2017 (PDF, 132 KB)
Judgment appealed from
Case name
Kamal Singh v The Queen
Case number
SC 153/2016
Summary
Criminal Appeal – Evidence Act 2006, s 44 – Whether the Court of Appeal erred in its application of s 44. CA 197/2016 [2016] NZCA 552
Result
The application for leave to appeal is dismissed.
24 March 2017
24 March 2017
Leave judgment - leave dismissed
KAMAL SINGH v R [2017] NZSC 37 [24 March 2017] (PDF, 89 KB)
Judgment appealed from
Case name
Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Case number
SC 154/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that compensatory damages for breach of copyright could not be awarded to the applicant. CA 304/2016 [2016] NZCA 554
Result
A notice of abandonment having been lodged, the application for leave to appeal is deemed to be dismissed.
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
Judgment appealed from
Judgment (as to costs)
Case name
Duncan John Napier and Sara Ann Napier v Torbay Holdings Limited and Torbay Rest Home Limited
Case number
SC 155/2016
Summary
Civil Appeal – Restitution – Whether the Court of Appeal erred in finding that the applicants were liable for money had and received – s 161 Employment Relations Act 2000 – Whether the Court of Appeal erred in finding that an action for negligence did not fall within the exclusive jurisdiction of the Employment Relations Authority.CA 647/2015 [2016] NZCA 608
Result
A notice of abandonment having been filed the appeal is deemed to be dismissed. 06 April 2017
Case name
W v The Family Court at North Shore and The Chief Executive of the Ministry of Social Development
Case number
SC 156/2016
Summary
Civil Appeal – Whether the High Court erred in dismissing the applicant’ s application for judicial review of a Family Court Minute discharging a restraining order.CIV 2014-404-001670 [2014] NZHC 2483
Result
A The application for an extension of time to appeal is dismissed.
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Lynda Rose Barry v Francis Carlisle
Case number
SC 157/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in declining an application for specific performance.CA 446/2015 [2016] NZCA 551
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Hamish McIntosh v John Howard Ross Fisk and David John Bridgman
Case number
SC 39/2014
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of the “gave value” defence pursuant to Allied Concrete v Meltzer [2015] NZSC 7 and s 296(3)(c) – Whether the Court of Appeal erred in its application of the “alteration of position” defence in s 296(3)(c). [2016] NZCA 74 CA384/2015
Result
A Leave to appeal and to cross-appeal is granted (McIntosh v Fisk [2016] NZCA 74).
B The approved questions are:
(i) Whether an order should have been made setting aside all or part of the payment made by Ross Asset Management Limited (RAM) to the applicant and requiring the applicant to pay the relevant amount to the respondents.
(ii) If so, whether the order should have been to set aside the payment of all of the $954,047 paid to the applicant or $454,047, being the difference between the amount paid to the applicant and the $500,000 he invested with RAM.
26 May 2016
___________
A The appeal and cross appeal are dismissed.
B The appellant is to pay costs of $15,000 to the respondents together with reasonable disbursements.
26 May 2017
_________________
A The appellant is to pay interest at the rate of five per cent per annum on the sum of $454,047.62 from the date of the liquidators’ appointment (17 December 2012).
B There is no order as to costs.
31 August 2017
B The approved questions are:
(i) Whether an order should have been made setting aside all or part of the payment made by Ross Asset Management Limited (RAM) to the applicant and requiring the applicant to pay the relevant amount to the respondents.
(ii) If so, whether the order should have been to set aside the payment of all of the $954,047 paid to the applicant or $454,047, being the difference between the amount paid to the applicant and the $500,000 he invested with RAM.
26 May 2016
___________
A The appeal and cross appeal are dismissed.
B The appellant is to pay costs of $15,000 to the respondents together with reasonable disbursements.
26 May 2017
_________________
A The appellant is to pay interest at the rate of five per cent per annum on the sum of $454,047.62 from the date of the liquidators’ appointment (17 December 2012).
B There is no order as to costs.
31 August 2017
Transcripts
- Hearing date 26 July 2016 (PDF, 416 KB)
Media Releases
- MR [2017] NZSC 129 (PDF, 247 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Additional document
Media release substantive judgment 26 May 2017 (PDF, 265 KB)
Supreme court decision
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