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.
16 September 2024
Case information summary 2024 (as at 13 September 2024) – Cases where leave granted (122 KB)
Case information summary 2024 (as at 13 September 2024) – Cases where leave to appeal decision not yet made (PDF, 124 KB)
All years
B The approved ground is:
(i) Does the test in O’Connor v Hart [1985] 1 NZLR 159 (PC) (that a contract is not voidable for mental incapacity unless the other contracting party has actual or constructive knowledge of the incapacity, or equitable fraud is established) apply in the employment jurisdiction (in particular, to a settlement agreement that has been certified under s 149 of the Employment Relations Act 2000)?
(ii) If not, what is the relevant test and should the settlement agreement have been set aside in this case on the grounds of mental incapacity?
15 May 2020
___________________________________________________________________________
A The appeal is dismissed.
B The Courts below were correct not to set aside the settlement agreement in this case on the grounds of mental incapacity.
C There is no order as to costs.
3 June 2022
- Hearing date 27 September 2021 (PDF, 298 KB)
- Hearing date 8 September 2020 (PDF, 712 KB)
- MR 2022 NZSC 69 (PDF, 195 KB)
17 December 2020
B The application for leave to appeal is dismissed.
6 August 2020
B The approved questions are:
(i) whether the Court of Appeal was correct to refuse leave to adduce the evidence of Mr Wilson and, if so, whether a miscarriage of justice arose as a result of this evidence not being before the jury at the applicant’s trial; and
(ii) whether the Court of Appeal was correct to conclude that evidence of the complainants’ previous convictions was inadmissible at the applicant’s trial, or that, if any of it was admissible, its exclusion did not cause a miscarriage of justice.
3 July 2020
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A The application to adduce new evidence is granted.
B The appeal is allowed.
C The appellant’s convictions are quashed.
D A retrial is ordered.
E We make an 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 the retrial. Publication in law report or law digest is permitted.
14 December 2020
22 September 2020
B Mr Sykes’ application for an extension of time for leave to appeal is granted.
C Mr Sykes’ application for leave to appeal is dismissed.
D We make an 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.
11 May 2020
B Mr Sykes’ application for an extension of time for leave to appeal is granted.
C Mr Sykes’ application for leave to appeal is dismissed.
D We make an 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. 11 May 2020 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.
11 May 2020
B The applicant must pay costs of $2,500 to the respondent.
6 July 2020
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
17 July 2020
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A The appeal is dismissed.
B Leave is reserved to a party to apply to the High Court for directions if necessary.
C Costs are reserved.
30 September 2021
- Hearing date 17-19 November 2020 (PDF, 1.3 MB)
- MR [2021] NZSC 127 (PDF, 193 KB)
B The approved question is whether the Court of Appeal was correct to dismiss the appeal.
27 July 2020
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A The appeal is allowed. The judgments of the High Court and Court of Appeal are set aside and judgment is entered for the appellants.
B The application to adduce further evidence is dismissed.
C The respondent must pay the appellants costs of $30,000 plus usual disbursements. We certify for second counsel.
D Costs should be re-determined in the Courts below in light of this judgment.
14 July 2021
- MR [2021] NZSC 85 (PDF, 289 KB)