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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
2021
Case name
Paul Nils Herlund v The Queen
Case number
SC 51/2021
Summary
Criminal Appeal - Application for leave to bring an appeal.
Result
The application for leave to appeal is dismissed.
2 December 2021
2 December 2021
Date of Judgment
01 January 2021
District Court decision
Not publicly available
Court of Appeal decision
Leave judgment - leave dismissed
PAUL NILS HERLUND v R [2021] NZSC 165 [2 December 2021] (PDF, 175 KB)
Case name
Peter Gomm, Jennifer Mary Shipley and Clive William Charles Tilby v Mainzeal Property and Construction Limited (in liquidation), Andrew James Bethell, Richard Ciliang Yan and Andrew McKay
Case number
SC 52/2021
Summary
Civil Appeal and Cross Appeal
Result
A The appeals by the directors are dismissed.
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
B The cross-appeal by the liquidators is allowed to the extent that in lieu of the remittal of the proceedings back to the High Court, we order the directors to contribute to the assets of Mainzeal $39.8 million together with interest at prescribed rates since 28 February 2013 with the liabilities of Dame Jennifer Shipley and Messrs Tilby and Gomm each limited to $6.6 million and interest.
C The directors are to pay costs in the sum of $65,000 together with reasonable disbursements.
25 August 2023
Date of hearing
07 March 2022
- 11 March 2022
Judges
Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Transcripts
- Hearing date 7 - 11 March 2022 (PDF, 2 MB)
Case Synopses
- Hearing Mon 7 March - Fri 11 March 2022 (PDF, 436 KB)
Media Releases
- MR [2023] NZSC 113 (PDF, 342 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
M v The Queen
Case number
SC 53/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
17 June 2021
17 June 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Case name
John Alfred Dowden v Commissioner of Inland Revenue
Case number
SC 54/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
15 July 2021
B The applicant must pay the respondent costs of $2,500.
15 July 2021
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Rhys Richard Ngahiwi Warren v The Queen
Case number
SC 55/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
The application for an extension of time to apply for leave to appeal is dismissed.
5 July 2021
5 July 2021
High Court decision
Leave judgment - leave dismissed
Case name
M (SC 56/2021) v The Queen
Case number
SC 56/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Court of Appeal decision
Not publicly available
Case name
Malcolm Bruce Moncrief-Spittle and David Cumin v Regional Facilities Auckland Ltd and Auckland Council
Case number
SC 57/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A Leave to appeal is granted (Moncrief Spittle v Regional Facilities Auckland Ltd [2021] NZCA 142).
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against the High Court’s substantive decision.
5 August 2021
_________________________________________________________________________
A The appeal is dismissed.
B Leave to adduce the affidavit of 18 February 2022 of David Cumin is declined.
C Costs are reserved.
5 December 2022
_____________________________________________________________________________
The appellants must pay the respondents costs of $10,000.
14 March 2023
B The approved question is whether the Court of Appeal was correct to dismiss the appeal against the High Court’s substantive decision.
5 August 2021
_________________________________________________________________________
A The appeal is dismissed.
B Leave to adduce the affidavit of 18 February 2022 of David Cumin is declined.
C Costs are reserved.
5 December 2022
_____________________________________________________________________________
The appellants must pay the respondents costs of $10,000.
14 March 2023
Date of hearing
21 February 2022
- 22 February 2022
Judges
Winkelmann CJ, William Young, Glazebrook . O'Regan and Ellen France JJ
Transcripts
- Hearing date 21 - 22 February 2022 (PDF, 770 KB)
Case Synopses
- Hearing date 21 February 2022 (PDF, 188 KB)
Media Releases
- MR [2022] NZSC 138 (PDF, 193 KB)
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Supreme court decision
Case name
Levi Bartlett v The Queen
Case number
SC 58/2021
Summary
Criminal Appeal - Application for leave to bring an appeal
Result
A Notice of Abandonment having been filed the application for leave to appeal is deemed to be dismissed.
23 July 2021
23 July 2021
District Court decision
Not publicly available
Court of Appeal decision
Case name
Peter William Mawhinney v Auckland Council
Case number
SC 59/2021
Summary
Civil Appeal - Application for leave to bring an appeal
Result
A The application for leave to amend the application for leave to appeal is dismissed.
B The application for leave to appeal is dismissed.
C The applicant must pay the respondent costs of $2,500.
21 September 2021
B The application for leave to appeal is dismissed.
C The applicant must pay the respondent costs of $2,500.
21 September 2021
High Court decision
Court of Appeal decision
Leave judgment - leave dismissed
Case name
H (SC 60/2021) v The Queen
Case number
SC 60/2021
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
8 July 2021
8 July 2021
District Court decision
Not publicly available
Court of Appeal decision
Not publicly available
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