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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
Jeremy James McGuire v The Ministry of Justice
Case number
SC 139/2014
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 43 – Whether the Notice of Abandonment issued by the Court of Appeal was wrong and a nullity – Whether the Court of Appeal’s Minute dated 31 July 2014 inviting the applicant to apply for an extension of time to appeal was wrong on the facts and in law.[2014] NZCA 556  CA  314/2013
Result
A The application for leave to appeal is dismissed.
B The applicant must pay the respondent costs of $2,500 and reasonable disbursements as fixed by the Registrar.
10 March 2015
Leave judgment - leave dismissed
JEREMY JAMES McGUIRE v THE MINISTRY OF JUSTICE [2015] NZSC 24  10 March 2015 (PDF, 79 KB)
Judgment appealed from

MCGUIRE V THE MINISTRY OF JUSTICE CA314/2013 [2014] NZCA 556 [19 November 2013]
Case name
Michael Christopher Cruickshank v The Queen
Case number
SC 140/2014
Summary
Criminal Appeal – Whether the trial Judge misdirected the jury as to the state of the applicant’s knowledge of whether the medical certificate was accurate – Whether the trial Court had jurisdiction to determine loss or abatement of entitlement in light of the Accident Compensation Act 2001, section 133(5) – Whether there was a sufficient evidential foundation for an award of reparation[2014] NZCA 574 CA  367/2014
Result
Application for leave to appeal dismissed.
31 March 2015
Leave judgment - leave dismissed
MICHAEL CHRISTOPHER CRUICKSHANK v R [2015] NZSC 32   31 March 2015 (PDF, 75 KB)
Judgment appealed from

CRUICKSHANK V R CA300/2014 [2014] NZCA 574     28 November 2014
Case name
Ngāti Wāhiao v Ngāti Hurungaterangi, Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue
Case number
SC 141/2014
Summary
Civil Appeal – Arbitration Act 1996, Whether there was any credible basis for the Court of Appeal to find, if it did so find, that the arbitral tribunal misunderstood its task – Whether the Court of Appeal erred in its approach to the leave requirements of cl 5 of the Second Schedule to the Arbitration Act.[2014] NZCA 592 CA  592/2014
Result
A  The application for leave to appeal is dismissed.
B  We make no award of costs.
15 May 2015
Transcripts
Court of Appeal decision
NGĀTI HURUNGATERANGI, NGĀTI TAEOTU ME NGĀTI TE KAHU O NGĀTI WHAKAUE v NGĀTI WĀHIAO CA592/2014 [2014] NZCA 592 [4 December 2014]
Leave judgment - leave dismissed
NGĀTI WĀHIAO v NGĀTI HURUNGATERANGI, NGĀTI TAEOTU ME NGĀTI TE KAHU O NGĀTI WHAKAUE [2015] NZSC 67 [15 May 2015] (PDF, 173 KB)
Case name
Ranjit Keshvara v David Murray Blanchett & Grant Edward Burns as liquidators of APG Holdings Limited  (in liquidation)
Case number
SC 1/2013
Summary
Civil Appeal – Evidence Act 2006, s 19(1) – Whether the Court of Appeal was correct to hold that it was not necessary for a Court to hear evidence as to the particular circumstances giving rise to the supply of information used for the composition of business records before a Court can rule on admissibility of hearsay statements contained in those business records. [2012] NZCA 553  CA 665/2011
Dates

The application for leave to appeal is dismissed.

 The applicant is to pay to the respondents costs of $2,500 plus all reasonable disbursements to be fixed if necessary by the Registrar.

21 March 2013.
Case name
Vincent Ross Siemer v Michael Peter Stiassney and Korda Mentha
Case number
SC 2/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding the registrar’s refusal to dispense with security for costs on the basis that it relied on incorrect evidence, was based on the Judge’s predeterminations regarding the merits of the case, and unjustly restricts the applicant’ s access to the court.CA 362/2012
Dates

Application for leave to appeal dismissed.
Costs to the respondent $2,500 plus reasonable disbursements,
7 March 2012.

Application for recall of judgment dismissed.
26 March 2013.

Second application for recall of judgment dismissed.
11 April 2013.
Case name
Taylor Jade Schmidt v Pepper New Zealand (Custodians) Limited and others
Case number
SC 3/2013
Summary
Civil Appeal – Extension of time – Whether the Court of Appeal erred in fact and/or law – Whether the Court of Appeal displayed pre-determination and bias – Whether the Court of Appeal acted on wrong principle – Whether the Court of Appeal took irrelevant matters into account – Whether the Court of Appeal was plainly wrong.[2012] NZCA 565  CA 763/2011; CA 764/2011; CA 765/2011
Result
The application for leave to appeal is dismissed. 
The applicants must pay costs of $2,000 to the second and third respondents and $750 to the first respondent, in each case together with reasonable disbursements to be determined, if necessary, by the Registrar.  The liability of the applicants is joint and several. 
12 April 2013
Leave judgment - leave dismissed
SCHMIDT & ANOR v PEPPER NEW ZEALAND (CUSTODIANS) LTD SC 3/2013 [12 April 2013] (PDF, 55 KB)
Case name
George Charles Kain, George Michael Kain, George Thomas Kain, George Harry Kain & Georgina Kain v Wynn Williams & Co
Case number
SC 4/2013
Summary
Civil appeal – Whether conditional fee agreement between a solicitor and client is champertous only where there is proof of unjustified interference in the client’s affairs by solicitor – Credit Contracts and Consumer Finance Act 2003, ss 6, 11(1)(d)(ii) and 13 – Meaning of consumer credit contract – Whether conditional fee agreement constituted a consumer credit contract. [2012] NZCA 563  CA 635/2011
Dates

Application for leave to appeal dismissed.
Costs to the respondent $2,500 plus reasonable disbursements.
8 April 2013.
Case name
Planet Kids Limited v Auckland Council
Case number
SC 5/2013
Summary
Civil Appeal – frustration of purpose – whether the Court of Appeal erred in fact and law in finding that the settlement agreement between the parties was frustrated by the termination of the lease held by the appellant under a clause of the deed of lease.[2012] NZCA 562 CA 58/2012
Result
A The application for leave to appeal is granted.
B The approved question is whether the Court of Appeal was correct to conclude that Planet Kids Ltd was not entitled to summary judgment against the Auckland Council.
18 April 2013
____________
tbc
Transcripts
Media Releases
Leave judgment - leave granted
PLANET KIDS LIMITED v AUCKLAND COUNCIL SC 5/2013 [18 April 2013] (PDF, 33 KB)
Substantive judgment
PLANET KIDS LIMITED v AUCKLAND COUNCIL [2013] NZSC 147 [17 December 2013] (PDF, 333 KB)
Case name
Terminals (NZ) Limited v The Comptroller of Customs
Case number
SC 6/2013
Summary
Civil Appeal – Customs and Excise Act 1996 – definition of “manufacture” – whether the Court of Appeal erred in finding the addition of small quantities of butane on which excise duty had previously been paid to imported motor spirit on which excise-equivalent duty had previously been paid constituted “manufacture”.[2012] NZCA 598 CA 366/2012
Result
The application for leave to appeal is granted. The approved ground is whether the activity conducted by the applicant constituted or involved the manufacture of motor spirit.
19March 2013 __________________ The appeal is dismissed. Costs of $25,000 plus usual disbursements (to be determined by the Registrar if necessary) are to be paid to the respondent.  We certify for two counsel. 6 December 2013
Transcript

Hearing dates : 5 and 6 August 2013

Elias CJ, McGrath, William Young, Glazebrook, Gault JJ.
Case name
Roderick Bryan Turner v Allister John Davis, Clark Boyce and James Rapley
Case number
SC 7/2013
Summary
Civil Appeal – Summary judgment – Whether the Court of Appeal erred in upholding the High Court’s summary judgment order against the appellant as there exists a genuine dispute as to the material facts of the case – Whether the Court of Appeal erred in upholding the summary judgment order as there are outstanding matters of law.  [2012] NZCA 576  CA 360/2012
Result
The application for leave to appeal is dismissed. The applicant is to pay costs of $2,500 to the first and second respondents and $2,500 to the third respondent, in each case plus reasonable disbursements to be fixed if necessary by the Registrar.
12 April 2013.
Leave judgment - leave dismissed
TURNER v DAVIS SC 7/2013 [12 April 2013] (PDF, 57 KB)
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