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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.

27 September 2024

Case information summary 2024 (as at 27 September 2024) –  Cases where leave granted (127 KB)
Case information summary 2024 (as at 27 September 2024)  – Cases where leave to appeal decision not yet made (PDF, 120 KB)

All years

Case name
Dermot Gregory Nottingham v Maltese Cat Limited, Clyde Maclean and Elizabeth Currie 
Case number
SC 90/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in declining to grant an extension of time to file the case on appeal under rule 43 of the Court of Appeal (Civil) Rules 2005
Result
A The application for leave to appeal is dismissed.
B There is no order as to costs.  
22 August 2019
High Court decision
MALTESE CAT LIMITED v DOE [2017] NZHC 1634 [14 July 2017]
High Court decision
MALTESE CAT LIMITED v JOHN DOE AND/OR JANE DOE [2017] NZHC 1728 [25 July 2017]
Court of Appeal decision
DERMOT NOTTINGHAM v MALTESE CAT LIMITED [2018] NZCA 387 [24 SEPTEMBER 2017]
Leave judgment - leave dismissed
DERMOT GREGORY NOTTINGHAM v MALTESE CAT LIMITED [2019] NZSC 91 [22 August 2019] (PDF, 35 KB)
Transcript

Hearing date 18 March 2019
Case name
A v The Queen
Case number
SC 91/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted.

20 December 2018
Court of Appeal decision
Not publicly available
District Court decision
Not publicly available
Case name
Jiri Kupec v The Queen
Case number
SC 92/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge correctly applied the formulation of recklessness adopted in Cameron v R [2017] NZSC 89 – Whether the Court of Appeal erred in finding that the trial Judge was correct to dismiss a defence submission that, if the applicant proved an innocent state of mind, an acquittal should follow – Whether the Court of Appeal was wrong to find that the trial Judge’ s direction on the applicant’s out of court statement was adequate.
Result
The application for leave to appeal is dismissed.
22 November 2018
Court of Appeal decision
KUPEC v R [2018] NZCA 377 [19 September 2018]
Leave judgment - leave dismissed
JIRI KUPEC v R [2018] NZSC 113 [22 November 2018] (PDF, 41 KB)
Case name
Lemuel Misa v The Queen
Case number
SC 93/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction on the basis that there was no miscarriage of justice – Whether the jury was properly directed at trial.
Result
A Leave to appeal is granted (Misa v R [2018] NZCA 293).
B The approved question is whether there was a miscarriage of justice at the applicant’s trial.
17 April 2019
_______________________
The appeal is dismissed.
2 December 2019
Date of hearing
11 July 2019
Judges
Winkelmann CJ, Glazebrook, Ellen France, Williams and Arnold JJ
Media Releases
Court of Appeal decision
MISA v R [2018] NZCA 293 [6 August 2018]
Leave judgment - leave granted
LEMUEL MISA v R [2019] NZSC 42 [17 April 2019] (PDF, 33 KB)
Substantive judgment
LEMUEL MISA v R [2019] NZSC 134 [2 December 2019] (PDF, 162 KB)
Case name
H v The Queen
Case number
SC 94/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the trial. Publication in a law report or law digest permitted. 

29 November 2018
Court of Appeal decision
Not publicly available
High/District Court judgment
Not publicly available
Case name
Mark Edward Lundy v The Queen
Case number
SC 95/2018
Summary
Criminal Appeal –  Crimes Act 1961, s 385 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction under the proviso to s 385(1) despite finding that certain evidence presented at trial was inadmissible.
Result
A Leave to appeal is granted (Lundy v R [2018] NZCA 410) in relation to the approved question below.
B The approved question is whether the Court of Appeal erred in applying the proviso to s 385(1) of the Crimes Act 1961.
6 May 2019
Transcripts
Case Synopses
Media Releases
Court of Appeal decision
LUNDY v R [2018] NZCA 410 [9 October 2018]
Additional document
Transcription leave hearing 2 May 2019 (PDF, 148 KB)
Leave judgment - leave granted
MARK EDWARD LUNDY v R [2019] NZSC 45 [6 May 2019] (PDF, 227 KB)
Substantive judgment
MARK EDWARD LUNDY v R [2019] NZSC 152 [20 December 2019] (PDF, 420 KB)
Case name
Fredrick Hill v Maori Trustee
Case number
SC 96/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500.
19 February 2019
High Court decision
MĀORI TRUSTEE v HILL [2017] NZHC 2377 [29 September 2017]
Court of Appeal decision
HILL v MĀORI TRUSTEE [2018] NZCA 280 [31 July 2018]
Leave judgment - leave dismissed
FREDRICK HILL v MĀORI TRUSTEE [2019] NZSC 3 [19 February 2019] (PDF, 90 KB)
Case name
H v The Queen
Case number
SC 97/2018
Summary
Criminal Appeal – Whether the Court of Appeal was correct to hold that s 322 of the Oranga Tamariki Act 1989 does not apply to the applicant’ s charge of rape – If s 322 does apply to the charge, whether the rape charge should have been dismissed prior to the applicant’s trial.
Result
A The application for leave to appeal against the conviction for rape is granted (H (CA376/2017) v R [2018] NZCA 376).
B The approved question is whether, in dealing with delay, the Court of Appeal correctly dealt with the age of the appellant (including the application of s 322 of the Oranga Tamariki Act 1989).
21 February 2019
_______________________________
The appeal is dismissed.
3 July 2019
Media Releases
High Court decision
Not publicly available
Court of Appeal decision
Not publicly available
Leave judgment - leave granted
H (SC 97/2018) v R [2019] NZSC 4 [21 February 2019] (PDF, 183 KB)
Substantive judgment
H (SC 97/2018) v R [2019] NZSC 69 [3 July 2019] (PDF, 122 KB)
Case name
Mark Arona v The Queen
Case number
SC 98/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred by not admitting evidence under section 44 of the Evidence Act 2006.
Result
The applications for leave to appeal are dismissed.
22 February 2019
District Court decision
Not publicly available
Court of Appeal decision
ARONA & CHAMBERS v R [2018] NZCA 427 [12 October 2018] 
Leave judgment - leave dismissed
MARK ARONA AND PETER CHAMBERS v R [2019] NZSC 12 [22 February 2019] (PDF, 45 KB)
Case name
Incodo Limited v Kop-Coat New Zealand Limited and Kop-Coat Incorporated
Case number
SC 99/2018
Summary
Civil appeal – Contract law – Whether the Court of Appeal erred in finding that there was no binding agreement reached between the parties and in its observations about the quantum of damages awarded by the High Court.
Result
A Notice of Abandonment  having being filed the application for leave to appeal is deemed to be dismissed.
13 February 2019
High Court decision
INCODO LTD v KOP-COAT NEW ZEALAND LTD & ANOR [2017] NZHC 2737 [8 November 2017]
Court of Appeal decision
KOP-COAT NEW ZEALAND LTD v INCODO LTD [2018] NZCA 430 [15 October 2018]
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