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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
Sher Afzal Khan v Keith William Reid
Case number
SC 21/2011
Summary
Civil Appeal – Application to set aside bankruptcy notice – Court of Appeal declined application for an extension of time for filing the appeal ­–Mr Khan had already been adjudicated bankrupt and that adjudication was final and binding under s 61 of the Insolvency Act 2006 – whether the Court of Appeal erred in fact and in law in considering that no satisfactory explanation had been given for initial delay and that, in any event, the present application would fail[2011] NZCA 22  CA 242/2010
Leave judgment - leave dismissed
KHAN v REID SC 21/2011 [1 June 2011] (PDF, 12 KB)
Dates

Application for leave to appeal dismissed with cocts of $2,500 to the respondent.

1 June 2011.
Case name
TN v The Queen
Case number
SC 22/2011
Summary
[2011] NZCA 8  CA 797/2010 CA 885/2010
Leave judgment - leave dismissed
Not publicly available
Dates

Application for leave to appeal dismissed.

31 March 2011.
Case name
Jeremy James McGuire v Lee Grace Sheridan
Case number
SC 23/2011
Summary
Civil Appeal – Fees – Legal Services Act 2000 – Whether applicant entitled to payment of quantum meruit legal fees from respondent notwithstanding s 66 Legal Services Act – Whether respondent agreed to abandon legal aid grant in signing contingency-fee and fixed-fee agreements with respondent – Whether under s 66 permission must be sought from Legal Services Agency before suing for “top-up” of legal aid fees – Whether High Court summary judgment hearing unfair – Whether award of indemnity costs by High Court against applicant unwarranted.[2011] NZCA 15  CA 377/2010
Leave judgment - leave dismissed
MCGUIRE v SHERIDAN SC 23/2011 [13 April 2011] (PDF, 8 KB)
Dates

Application for leave to appeal dismissed. Costs $2,000 to the respondent.

13 April 2011
Case name
Joseph Lockwood Tana v The Attorney-General
Case number
SC 24/2011
Summary
[2011] NZCA 12  CA 587/2010
Leave judgment - leave dismissed
J L T v THE ATTORNEY-GENERAL SC 24/2011 [19 May 2011] (PDF, 42 KB)
Hearing

Application for leave to appeal dismissed.

19 May 2011.
Case name
Idea Services Limited v Phillip William Dickson
Case number
SC 25/2011
Summary
Civil Appeal – Minimum Wage Act 1983 – Definition of ‘ work’ – Whether the Court of Appeal erred in holding that ‘work’ includes time engaged in a ‘sleepover’ – Whether the Court of Appeal erred in holding that the appellant must pay at least the minimum wage rate for each hour of work.[2011] NZCA 14  CA 405/2010
Leave judgment - leave granted
IDEA SERVICES LIMITED v DICKSON SC 25/2011 [19 May 2011] (PDF, 35 KB)
Dates

A  The application for leave to appeal is granted.

B  The approved grounds are:

(a) Whether sleepovers constitute “work” under s 6 of the Minimum Wage Age 1983; and

(b) If so, whether the Act is complied with if an employee’ s average rate of pay over a pay period is not less than the prescribed minimum.

19 May 2011
Case name
David Stanley Heenan v The Attorney-General
Case number
SC 26/2011
Summary
Civil Appeal – Judicature Act 1908 – Vexatious litigant – Order made by the High Court under s 88B(1) of the Act that no civil proceeding be instituted or continued by Mr Heenan, either in his own name or in a representative or fiduciary capacity, in any court without the leave of the High Court – Order upheld by the Court of Appeal – Applicant’s submissions to this Court repeat allegations of forgery, fraud and perjury against judicial officers and other individuals – whether the High Court erred in exercising its discretion to make orders under s 88B(1)[2011] NZCA 9  CA 630/2009
Leave judgment - leave dismissed
HEENAN v THE ATTORNEY-GENERAL SC 26/2011 [20 April 2011] (PDF, 38 KB)
Dates

Application for leave to appeal  is dismissed.

20 April 2011.
Case name
Technix Group Limited v Fitzroy Engineering Group Limited
Case number
SC 27/2011
Summary
Civil Appeal – Contract – Lease contained clauses conferring an option to purchase and a right of pre-emption option to purchase process has been triggered but not completed – Whether the Court of Appeal’ s decision to impose its own interpretation of the lease that was in line with business common sense instead of following the plain and ordinary meaning of the lease was a correct application of Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5, [2010] 2 NZLR 444.[2011] NZCA 17  CA 337/2010
Leave judgment - leave dismissed
TECHNIX GROUP LIMITED V FITZROY ENGINEERING GROUP LIMITED SC 27/2011 [20 May 2011] (PDF, 46 KB)
Dates

Application for leave to appeal  is dismissed.

Costs to the respondent $2,5000 plus disbursements.

20 May 2011.
Case name
Lynette Kaye Stewart v The Queen
Case number
SC 28/2011
Summary
Criminal Appeal – Sexual Offences – Party Liability – Applicant convicted as party to sexual violation by unlawful sexual connection – Court of Appeal allowed new medical evidence in principal offender’ s appeal and quashed principal offender’s conviction ordering re-trial – Whether quashing of principal offender’s conviction renders applicant’ s conviction unsafe.CA 515/2005
Result
Appeal allowed. Conviction quashed.  No order for new trial. 2 June 2011.
Leave judgment - leave granted
STEWART v R SC 28/2011 [12 May 2011] (PDF, 7 KB)
Substantive judgment
STEWART v R SC 28/2011 [2 June 2011 (PDF, 56 KB)
Hearing

2 June 2011

Elias CJ, Blanchard, Tipping, McGrath, William Young JJ.
Dates

A  The application for leave to appeal is granted.

B  The approved ground is whether the conviction can stand in light of the quashing of the conviction of the person with whom the appellant was jointly charged and her discharge under s 347 of the Crimes Act 1961.

12 May 2011
Case name
Kay Halton Skelton v The Queen
Case number
SC 29/2011
Summary
Criminal Appeal – Sentence – Whether Court of Appeal erred in dismissing sentence appeal – Whether rights of children of mothers in custody; effects of imprisonment on a pregnant woman/mother of a young child; and totality principle properly considered – New Zealand’ s obligations under United Nations Convention of the Rights of the Child.[2011] NZCA 35  CA 663/2010
Leave judgment - leave dismissed
SKELTON v R SC 29/2011 [27 June 2011] (PDF, 11 KB)
Dates

Application for leave to appeal dismissed.

27 June 2011.
Case name
Kathy Apostolakis v Damir De Polo
Case number
SC 30/2011
Summary
Civil Appeal – Family Law – Whether the appellant’s decision to represent herself caused her undue disadvantage – Whether relevant facts were not taken into account by the Family Court.Civ 2009 485 2550  22 July 2010
Dates

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

22 June 2011.
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