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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
The Attorney-General v  Criminal Bar Association of New Zealand Incorporated
Case number
SC 48/2013
Summary
Application for judicial review – Legal Services Act 2011.[2013] NZCA 176  CA 606/2012
Dates

Notice of abandonment being filed, the application for leave to appeal is deemed to be dismissed.

21 June 2013.
Case name
Siuake Lisiate v The Queen
Case number
SC 49/2013
Summary
Appeal against conviction – Inadequate directions by trial judge on s 66(1)(d) of the Crimes Act 1961 – Expert witnesses – Breach of Code of Conduct for expert witnesses (Sch 4, High Court Rules) – Trial judge misdirected jury or gave inadequate directions as to the use of Crown expert evidence on the interpretation of text messages – Admissibility of propensity evidence – Unfair trial – Miscarriage of justice.  [2013] NZCA 129  CA 31/2012
Result
Application for leave to appeal is dismissed.
21 August 2013.
Leave judgment - leave dismissed
LISIATE v R [2013] NZSC 80 [21 August 2013] (PDF, 50 KB)
Case name
Worldwide NZ LCC v New Zealand Venue and Event Management Limited
Case number
SC 50/2013
Summary
Civil Appeal – Judicature Act 1908, s 87 – Whether the Court of Appeal erred in concluding that under s 87 a court may award interest on a debt only from the date on which the debt is ascertained or becomes immediately ascertainable – Whether the Court of Appeal erred in concluding that the price payable for the “B” units and shares, being their fair market value, was not an ascertainable debt under s 87 – Whether the Court of Appeal erred in concluding that a cause of action for recovery of the unascertained debt did not arise until after determination of the value of the units and shares – Whether the Court of Appeal erred in interpreting “debt or damages”  – Whether the Court of Appeal erred by concluding, in effect, that the equitable principle requiring a purchaser in possession to pay interest to an unpaid vendor did not come within s 87 – Whether the Court of Appeal erred by concluding, in effect, that the applicant’s pleaded claim asserting rights pursuant to a vendor’ s lien was disentitling conduct preventing it from receiving interest for the period during which the respondent enjoyed the benefits of owning the units and shares.[2013] NZCA 130  CA 834/2011
Result
Leave to appeal is granted.  The approved question is whether the Court of Appeal was in error in not awarding interest on the value fixed in respect of the “B” units and shares
11 October 2013
__________________
A The appeal is allowed.  The order of the High Court relating to interest is re-instated.
B The respondent is to pay costs of $25,000 to the appellant, plus all reasonable disbursements, to be fixed if necessary by the Registrar.
B The order for costs in the Court of Appeal is set aside.  If costs cannot be agreed in the Court of Appeal they should be set by that Court in light of this judgment.
11 August 2014
Media Releases
Substantive judgment
WORLDWIDE NZ LLC v NZ VENUE AND EVENT MANAGEMENT LIMITED [2014] NZSC 108 [11 August 2014] (PDF, 216 KB)
Transcript

Hearing date : 20 March 2014

Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.
Case name
Allied Concrete Limited v Jeffrey Philip Meltzer and Lloyd James Hayward as liquidators of Window Holdings Limited (in liquidation)
Case number
SC 51/2013
Summary
Companies Act 1993, s 296 – Whether the High Court erred in finding that the giving of value in terms of s 296(3)(c) of the Companies Act 1993 does not include value given at the time the antecedent debt is created – Whether the giving of time to pay was “giving value” for the purposes of the Act – Whether release or discharge of a liability for prior indebtedness is “value” for the purpose of s 296(3)(c). [2013] NZHC 977   Civ 2012 404 3170
Result
Leave to appeal is granted.

The approved question is whether the Associate Judge and Court of Appeal (as the case may be) was correct to conclude that the payments made to Allied Concrete Ltd, Hiway Stabilizers New Zealand Ltd and Fences and Kerbs Ltd should be set-aside and that judgment should be entered against them accordingly.
24 October 2013
____________________
A     The appeals are allowed.  
B    The applications of the liquidators for the transactions to be voided are dismissed.
C    The respondents in each appeal must pay costs of $10,000 to the appellant in the relevant appeal, plus the appellant’s reasonable disbursements.  
D     Absent agreement between the parties, costs in the High Court and Court of Appeal are to be fixed by those Courts in light of this judgment.
18 February 2015
Transcripts
Media Releases
Leave judgment - leave granted
ALLIED CONCRETE LIMITED v JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) [2013] NZSC 102 [24 October 2013] (PDF, 13 KB)
Substantive judgment
ALLIED CONCRETE LIMITED v JEFFREY PHILIP MELTZER AND LLOYD JAMES HAYWARD AS LIQUIDATORS OF WINDOW HOLDINGS LIMITED (IN LIQUIDATION) [2015] NZSC 7 [18 February 2015] (PDF, 684 KB)
Case name
Stuart Murray Wilson v The Chief Executive of the Department of Corrections
Case number
SC 52/2013
Summary
Extended supervision order – Whether the Court of Appeal erred in declining to hold that the High Court’s determination of the Chief Executive of the Department of Correction’s application for an extended supervision order was premature – Whether the Court of Appeal erred in holding the High Court did have a proper basis for making the extended supervision order.[2013] NZCA 144   CA 482/2012
Dates

Application for leave to appeal dismissed.
20 August 2013.
Case name
Vincent Ross Siemer v Michael Richard Heron and others
Case number
SC 53/2013
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that there was no right of appeal against the High Court decision refusing an application for recall of an earlier judgment.[2013] NZCA 202   CA 713/2012
Dates

A The applications for leave to appeal are dismissed.

B Any further applications to this Court that relate to the underlying High Court appeal at issue in these applications should not be accepted for filing.

C Costs of $2,500 plus reasonable disbursements (to be set by the Registrar if necessary) are to be paid to the first and second respondents.

14 November 2013.
Case name
Vincent Ross Siemer v Michael Richard Heron and others
Case number
SC 54/2013
Summary
Civil appeal – Security for costs – Whether Court of Appeal was correct to dismiss application to review decision of the – Whether Court of Appeal was correct to dismiss an application to review that decision.[2013] NZCA 204
Dates

A The applications for leave to appeal are dismissed.

B Any further applications to this Court that relate to the underlying High Court appeal at issue in these applications should not be accepted for filing.

C Costs of $2,500 plus reasonable disbursements (to be set by the Registrar if necessary) are to be paid to the first and second respondents.

14 October 2013.
Case name
Vincent Ross Siemer v Judicial Conduct Commissioner and others
Case number
SC 55/2013
Summary
Civil Appeal – Review of a Registrar’s decision – Whether the Court of Appeal erred in failing to address whether the Court of Appeal Registrar has power to refuse an application for filing a notice of appeal or review – Whether the Court of Appeal erred in holding that the Court of Appeal’s review powers under s 61A(2) of the Judicature Act 1908 are expressly limited to orders made by a single Judge pursuant to s 61A(1) – Whether the Court of Appeal erred in holding there is no power for the Court to review decisions made under s 61A(3).[2013] NZCA 205   CA 422/2012
Dates
A The application for leave to appeal is dismissed.
B  The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the first respondent.

 

14 October 2013
Case name
Noel Lee Bland v The Queen
Case number
SC 56/2013
Summary
Criminal Appeal – Appeal against sentence – Whether applicant is entitled to a reduction in sentence where assistance is given to the authorities post-sentence and where this matter was not raised before the Court of Appeal.   [2012] NZCA 165  CA 582/2011
Dates

 Application for leave to appeal is refused.

7 October 2013
Case name
Aaron Patrick John Ellis v The Queen
Case number
SC 57/2013
Summary
Criminal – Crimes Act 1961, s 306 – Criminal Procedure Act 2011, s 338 – whether the Court of Appeal erred in dismissing the applicant’ s appeal against conviction under s 338 of the Criminal Procedure Act 2011 – whether the Court of Appeal erred in not finding that the High Court trial was in breach of the principles of natural justice. [2012] NZCA 185  CA 720/2011
Dates
A  The application for leave to appeal is dismissed.
B   Leave is reserved to renew the application.

 

8 October 2013
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