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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
Z v Z
Case number
SC 51/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in making suppression orders.
Result
The application for leave to appeal is dismissed.
The applicant must pay costs of $2,500 to the respondent.                          3 July 2017
High Court decision
Not publicly available
Leave judgment - leave dismissed
Z (SC 51/2017) v Z [2017] NZSC 102   3 July 2017 (PDF, 77 KB)
Judgment appealed from

Z V Z [2017] NZCA 94 [29 March 2017]
Case name
T v The Queen
Case number
SC 52/2017
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.[2017] NZCA 166   CA71/2017
Result
Judgment released.
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.                                                     
19 May 2017
High Court decision
Not publicly available
Judgment appealed from
(not available publicly)
Case name
Earl Raymond Hagaman v Andrew James Little
Case number
SC 53/2017
Summary
Civil Appeal – Whether the High Court erred in holding that the respondent was entitled to claim the defence of qualified privilege in relation to allegedly defamatory statements made by him about the applicant – Whether exceptional circumstances exist warranting a direct appeal to the Supreme Court.  
Result

A notice of abandonment having been lodged, the appeal is deemed to be dismissed.                                                                                                                 

12 June 2017
Judgment appealed from -HC judgment
HAGAMAN AND HAGAMAN v LITTLE [2017] NZHC 813  28 April 2017
Case name
Chatfield & Co Limited v Commissioner of Inland Revenue
Case number
SC 55/2017
Summary
Civil Appeal – Tax Administration Act 1994, s 17 – Whether the Court of Appeal erred in finding that the Commissioner of Inland Revenue has not created a legitimate expectation by publishing operational statements.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
11 August 2017
Leave judgment - leave dismissed
CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2017] NZSC 118 [11 August 2017] (PDF, 90 KB)
High Court decision
CHATFIELD & CO LTD v COMMISSIONER OF INLAND REVENUE [2016] NZHC 2289 [27 September 2016]
Judgment appealed from

CHATFIELD & CO LIMITED V COMMISSIONER OF INLAND REVENUE [2017] NZCA 148 [1 May 2017]
Case name
Torchlight Fund No 1 LP (in receivership) and NZ Credit Fund (GP) 1 Limited v Wilaci Pty Limited
Case number
SC 56/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that a late payment fee was not an unlawful penalty.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay the respondent costs of $2,500.
14 July 2017
High Court decision
TORCHLIGHT FUND NO.1 LP (IN RECEIVERSHIP) v JOHNSTONE & ORS [2015] NZHC 2559 [19 October 2015]
Leave judgment - leave dismissed
TORCHLIGHT FUND NO 1 LP (IN RECEIVERSHIP) v WILACI PTY LIMITED [2017] NZSC 112[14 July 2017] (PDF, 85 KB)
Judgment appealed from

WILACI PTY LIMITED v TORCHLIGHT FUND NO 1 LP (IN RECEIVERSHIP) [2017] NZCA 152 [2 May 2017]
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
Transcripts
Media Releases
High Court decision
DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) v DAVID CHARLES BROWNE [2015] NZHC 866 [29 April 2015]
Court of Appeal decision
PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LTD (IN LIQ) V BROWNE [2016] NZCA 189 [10 May 2016]
Leave judgment - leave granted
DAVID CHARLES BROWNE v DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) [2016] NZSC 107 [16 August 2016] (PDF, 90 KB)
Substantive judgment
DAVID BROWNE CONTRACTORS LIMITED AND DAVID BROWNE MECHANICAL LIMITED v DAVID ROSS PETTERSON AS LIQUIDATOR OF POLYETHYLENE PIPE SYSTEMS LIMITED (IN LIQUIDATION) [2017] NZSC 116 [7 August 2017] (PDF, 547 KB)
Case name
Maythem Kamil Radhi v District Court at Manukau and The Commonwealth of Australia
Case number
SC 57/2017
Summary
Civil Appeal – Extradition Act 1999, s 48 – Whether the Court of Appeal erred in holding that it would not be unjust or oppressive to extradite the applicant – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.
Result
A Leave to appeal is granted (Radhi v District Court at Manukau [2017] NZCA 157).
B The approved question is whether the Court of Appeal was correct to conclude that circumstances of the applicant did not warrant a reference to the Minister of Justice under s 48(4)(a)(ii) of the Extradition Act 1999.
18 August 2017
________________________
A The appeal is allowed.
B The appellant’s case is referred to the Minister of Justice pursuant to s 48(4)(a)(ii) of the Extradition Act 1999.
C Costs are reserved.                                                                                          
21 December 2017
Transcripts
Media Releases
High Court decision
RADHI v THE DISTRICT COURT AT MANUKAU & ANOR [2015] NZHC 3347 [21 December 2015]
Court of Appeal decision
RADHI v DISTRICT COURT AT MANUKAU [2017] NZCA 157 [3 May 2017]
Leave judgment - leave granted
MAYTHEM KAMIL RADHI v THE DISTRICT COURT AT MANUKAU [2017] NZSC 123 [18 August 2017] (PDF, 110 KB)
Additional document
Transcription hearing date 11 October 2017 (PDF, 269 KB)
Additional document
Transcription hearing date 22 November 2017 (PDF, 162 KB)
Substantive judgment
MAYTHEM KAMIL RADHI v THE DISTRICT COURT AT MANUKAU [2017] NZSC 198 [21 December 2017] (PDF, 391 KB)
Case name
B v The Queen
Case number
SC 58/2017
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. [2017] NZCA 211   CA563/2016
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.
3 July 2017
High Court decision
Not publicly available
Judgment appealed from
(not publicly available)
Case name
Dennis Rangiaho Hohua v The Queen
Case number
SC 59/2017
Summary
Criminal Appeal – Evidence Act 2006, ss 37 and 44 – Whether the Courtof Appeal was correct to uphold the trial Judge’s ruling that evidence of anallegedly false prior complaint by the complainant was inadmissible at trial.
Result
The application for leave to appeal is dismissed.
22 August 2017
Leave judgment - leave dismissed
DENNIS RANGIAHO HOHUA v R [2017] NZSC 124 [21 August 2017]  (PDF, 80 KB)
District Court decision
Not publicly available
Judgment appealed from

HOHUA v R [2017] NZCA 89 [28 March 2017]
Case name
Viliami One Fungavaka v The Queen
Case number
SC 60/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing an appeal against conviction for murder – Whether charge under-particularised – Whether summing up defective – Whether Abdula v R [2011] NZSC 130, [2012] 1 NZLR 534 applied correctly.
Result
The application for leave to appeal is dismissed.
16 August 2017
Leave judgment - leave dismissed
VILIAMI ONE FUNGAVAKA v R [2017] NZSC 119 [14 August 2017] (PDF, 126 KB)
High Court decision
R v Fungavaka [2015] NZHC 2761 [6 November 2015]
Judgment appealed from

FUNGAVAKA v R [2017] NZCA 195 [22 May 2017]
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