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
Arthur Sylvan Morgenstern and Tanya May Lavas v Stephanie Beth Jeffreys and Timothy Wilson Downes
Case number
SC 109/2014
Summary
Civil Appeal – Companies Act 1993, ss 131, 135, 137, 138 and 301 – Whether the Court of Appeal erred in finding that, in a claim for breach of ss 131 (duty to act in good faith and in the best interests of the company), 135 (duty not to agree to, cause or allow reckless trading) and 137 (duty of care), in relation to selling an asset (shares) to the company at an alleged undervalue, the onus is on the director to prove that the asset was transferred for fair value – Whether the Court of Appeal erred in finding that a director facing claims under ss 131, 135 and 137, who relied on professional advice, is required by s 138 to plead this as an affirmative defence and bears the onus of proof – Whether the Court of Appeal erred in finding that, in a claim under s 301, the onus is on the director to prove that the breach caused no loss to the company – Whether the Court of Appeal erred, in fixing the amount to be paid or contributed under s 301, by proceeding on a restitutionary basis and failing to take into account the actual loss caused to creditors – Whether the Court of Appeal erred in finding that an inference could be drawn against the first appellant, by reason of failure to call evidence from the company’s accountants, when the respondents, as liquidators, were in an equal or better position to call that evidence.[2014] NZCA 449 CA 122/2014
Result
The application for leave to appeal is dismissed.
The applicants are to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar. 2 December 2014
The applicants are to pay the respondents costs of $2,500 and reasonable disbursements to be fixed by the Registrar. 2 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Daniel Thomas Spencer Riddiford and Yvonne Ada Riddiford v The Attorney-General
Case number
SC 110/2014
Summary
Civil Appeal – Court of Appeal (Civil Rules) 2005, r 54 – Whether the Court of Appeal erred by overlooking its discretion under r 54 and elsewhere to award compound interest – Whether this was a case where full compensation based on actual interest cost should have been paid – Whether the Court of Appeal was wrong not to apply case law known as the “ English Rules”.[2012] NZCA 112; [2014] NZCA 435 CA 48/2010
Result
The application for leave to appeal is dismissed.
The applicant is to pay the respondents costs of $2,500 .
22 December 2014
The applicant is to pay the respondents costs of $2,500 .
22 December 2014
Leave judgment - leave dismissed
Case name
Peter Guy Goodricke v The Queen
Case number
SC 111/2014
Summary
Criminal Appeal – Whether the procedure on appeal complied with the Criminal Procedure Act 2011 and New Zealand Bill of Rights Act 1990.CRI 2010-485-26
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
5 December 2014
Case name
Jacobus van der Lubbe v The Queen
Case number
SC 112/2014
Summary
Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal erred in failing to consider relevant evidence – Whether the Court of Appeal erred in failing to consider a number of other issues raised.[2014] NZCA 495 CA 305/2013
Result
Application for leave to appeal dismissed.
17 December 2014
17 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 113/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 500 CA 495/2014
Result
Application for leave to appeal dismissed.
10 December 2014
10 December 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Medhi Jaffari and Tracy Jaffari v Livia Grabowski
Case number
SC 114/2014
Summary
Civil Appeal – Reciprocal Enforcements of Judgments Act 1934, s 6(d); Svirkis v Gibson [1977] 2 NZLR 4 (CA); and Syal v Howard [1948] 2 KB 443 (CA) – Whether the Court of Appeal erred by failing to afford the appellants natural justice – Whether the Court of Appeal erred by failing to give the appellants leave to adduce additional evidence – Whether the Court of Appeal erred by failing to properly consider relevant matters – Whether the Court of Appeal erred by failing to properly apply the law set out in Svirkis v Gibson and Syal v Howard – Whether the Court of Appeal erred by incorrectly stating and unfairly discounting the appellant’ s evidence.[2014] NZCA 399 CA 52/2014
Result
The application for leave to appeal is dismissed.
The applicants are to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
11 February 2015
The applicants are to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
11 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
The Queen v Shivneel Shahil Kumar
Case number
SC 115/2014
Summary
Criminal Appeal – Evidence – Right to refrain from making a statement under s 23(4) of the New Zealand Bill of Rights Act 1990 – Whether admissions made to undercover police officers in holding cell after applicant arrested were actively elicited – Whether evidence obtained in consequence of a breach of ss 23(4) and 24(c) of the New Zealand Bill of Rights Act – Whether evidence obtained unfairly – Whether exclusion of evidence was proportionate to the Police impropriety. [2014] NZCA 489 CA 86/2014
Result
The application for leave to appeal is granted ([2014] NZCA 489).
19 November 2014
______________________
The appeal is dismissed.
6 August 2015
19 November 2014
______________________
The appeal is dismissed.
6 August 2015
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 116/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 492 CA 249/2014
Result
The application for leave to appeal is dismissed.
Costs of $2,500 are awarded to the respondent. 16 February 2015
Costs of $2,500 are awarded to the respondent. 16 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Razdan Rafiq v Department of Internal Affairs
Case number
SC 117/2014
Summary
Civil Appeal – Whether the Court of Appeal Judge erred in refusing to dispense with security for costs.[2014] NZCA 501 CA 496/2014
Result
The application for leave to appeal is dismissed.
Costs of $2,500 are awarded to the respondent.
20 February 2015
Costs of $2,500 are awarded to the respondent.
20 February 2015
Leave judgment - leave dismissed
Judgment appealed from
Case name
Southern Response Earthquake Services Limited v Avonside Holdings Limited
Case number
SC 118/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in its construction of the insurance contract – Whether the Court of Appeal erred in its determination that contingencies and professional fees could be taken into account in estimating the cost of rebuilding – Whether the Court of Appeal failed to take adequate account of the fact that the respondent had sold its red zone land to the Crown.[2014] NZCA 483 CA 520/2013
Result
The application for leave to appeal is granted (Avonside Holdings Ltd v Southern Response Earthquake Services Ltd [2014] NZCA 483).The question on which leave is granted is whether the Court of Appeal was correct to find that the respondent was entitled under its insurance policy with the appellant to claim allowances for contingencies and for professional fees given that the respondent has elected to purchase a replacement property.
4 May 2015
_________________
A The appeal is dismissed.
B The appellant is to pay costs of $15,000 to the respondent, plus all reasonable disbursements, to be fixed if necessary by the Registrar.
22 July 2015
4 May 2015
_________________
A The appeal is dismissed.
B The appellant is to pay costs of $15,000 to the respondent, plus all reasonable disbursements, to be fixed if necessary by the Registrar.
22 July 2015
Transcripts
- Hearing date 25 June 2015 (PDF, 474 KB)
Media Releases
- MR [2015] NZSC 110 (PDF, 247 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
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