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
Leiden Cheyne O'Sullivan v The Queen
Case number
SC 62/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining an extension of time to appeal – Whether the applicant should be permitted to vacate his guilty pleas. [2016] NZCA 204 CA20/2016
Result
The applications for leave to appeal are dismissed.
2 September 2016
2 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Camille Iriana Thompson v The Attorney-General
Case number
SC 63/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to New Zealand Bill of Rights Act 1990 compensation in relation to judicial acts. [2016] NZCA 215 CA590/2014
Result
A The application for leave to appeal is dismissed.
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
B We make no award of costs.
7 October 2016
________________________________________________
A The application for recall of this Court’s judgment of 7 October 2016 (Thompson v The Attorney-General [2016] NZSC 134) is dismissed.
B There is no order as to costs.
27 March 2023
High Court decision
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Dean John Drever v The Queen
Case number
SC 64/2016
Summary
Criminal Appeal – Whether Court of Appeal was wrong to hold that there was not a miscarriage of justice– Whether the Court of Appeal erred in upholding the minimum period of imprisonment. [2016] NZCA 249 CA457/2014
Result
The application for leave to appeal is dismissed.
27 July 2016
27 July 2016
Leave judgment - leave dismissed
DEAN JOHN DREVER v R [2016] NZSC 92 27 July 2016 (PDF, 94 KB)
Judgment appealed from
Case name
John Edward Whitehead and others (as trustees of J and R Whitehead Trust) and Shiloh Charitable Trust v Watson & Son Limited and Denis Eric Watson and Meryl Joy Watson (as trustees of Salem Charitable Trust of Masterton)
Case number
SC 65/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in their finding that the rental owed had been assigned and discharged – Whether the Court of Appeal erred in finding that amounts owed under sale and purchase agreement could be set-off by amounts owed under rental agreement. [2016] NZCA 241 CA750/2014
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
30 August 2016
B The applicants are to pay the respondents costs of $2,500
30 August 2016
Leave judgment - leave dismissed
HC judgments
Case name
Michael Brian Ogden v The Queen
Case number
SC 66/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the error made by the District Court Judge in considering a formal written statement which was on the court file but had not been admitted in evidence was not so gross, prejudicial or irremediable as to render the trial unfair. [2016] NZCA 214 CA609/2015
Result
The application for leave to appeal is dismissed.
3 August 2016
3 August 2016
Leave judgment - leave dismissed
MICHAEL BRIAN OGDEN v R [2016] NZSC 97 3 August 2016 (PDF, 81 KB)
Judgment appealed from
Case name
Peter Alan Hutchins v The Queen
Case number
SC 67/2016
Summary
Criminal appeal – Whether the Court of Appeal erred in finding no risk of miscarriage despite concluding that jury directions did not conform with best practice. [2016] NZCA 173 CA403/2015
Result
A An extension of time to apply for leave to appeal is granted
B The application for leave to appeal is dismissed
31 August 2016
B The application for leave to appeal is dismissed
31 August 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Olivia Waiyee Lee v Whangarei District Council
Case number
SC 68/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its application of the limitation provisions of the Building Act 2004 and Weathertight Homes Resolution Services Act 2006.[2016] NZCA 258 CA656/2015
Result
A The application for leave to appeal is granted in part (Olivia Waiyee Lee v Whangarei District Council [2016] NZCA 258).
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
B The approved question is whether, in terms of s 37 of the Weathertight Homes Resolution Services Act 2006, the application for an assessor’ s report, “stopped the clock” for limitation purposes with regard to the proceedings against the respondent.
C In all other respects the application is dismissed.
3 August 2016
____________
A The appeal is allowed. The order for summary judgment is set aside.
B Costs of $25,000 plus usual disbursements are awarded to the appellant. We certify for second counsel.
C If not agreed, costs are to be set in the High Court and the Court of Appeal in the light of this judgment.
22 December 2016
Transcripts
- Hearing date 19 October 2016 (PDF, 425 KB)
Media Releases
- MR [2016] NZSC 173 (PDF, 258 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Murray Athold Osmond and Janet Doreen Osmond v David Murray Blanchett and Colin Thomas McCloy as liquidators of Arai Korp Limited (in liquidation)
Case number
SC 69/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its approach to hearing an appeal from summary judgment proceedings – Whether the Court of Appeal erred in its evaluation of the evidence. [2016] NZCA 204 CA358/2015
Result
A The application for leave to appeal is dismissed
B The applicants are to pay the respondents costs of $2,500
26 August 2016
B The applicants are to pay the respondents costs of $2,500
26 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Derek Peter Wheeldon and Carol Ann Wheeldon, Anthony John Butcher and Ruth Barbara Rogers, Larry Lawrence Small and KM Trustees Services Limited, Ivor Anthony Millington and Neville Eade v Body Corporate 342525
Case number
SC 70/2016
Summary
Civil Appeal –– Whether the Court of Appeal erred in its interpretation of s 138(1)(d) of the Unit Titles Act 2010 – Whether the Court of Appeal erred in its interpretation of s 49(1) of the Building Act 2004 – Whether the Court of Appeal erred in its interpretation of the Building Code. [2016] NZCA 247 CA290/2015
Result
A The application for leave to appeal is dismissed B The applicants are to pay the respondent costs of $2,500.
14 September 2016
14 September 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vijendra Kumar Naiker v The Queen
Case number
SC 71/2016
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding no error in the trial judge’s decision not to discharge the jury – Whether the Court of Appeal erred in finding the trial judge gave an adequate reliability warning.
[2016] NZCA 250 CA562/2015
[2016] NZCA 250 CA562/2015
Result
The application for leave to appeal is dismissed.
2 September 2016
2 September 2016
Leave judgment - leave dismissed
Judgment appealed from
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