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.
24 June 2024
Case information summary 2024 (as at 21 June 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024) – Cases where leave to appeal decision not yet made (PDF, 125 KB)
All years
Case name
Mrinal Sardana v The Queen
Case number
SC 41/2016
Summary
Criminal Appeal – Appeal against conviction and sentence – Whether Court of Appeal erred in finding that the jury’s verdict was not unreasonable – Whether Court of Appeal erred in finding no risk that outcome of trial was affected by error – Whether Court of Appeal erred in finding that the sentence was not manifestly excessive. [2016] NZCA 138 CA508/2015
Result
The application for leave to appeal is dismissed.
1 November 2016
1 November 2016
Leave judgment - leave dismissed
MRINAL SARDANA v R [2016] NZSC 142 1 November 2016 (PDF, 66 KB)
Judgment appealed from
Case name
Amanda Adele White and Anne Leoline Emily Freeman v Christopher Maurice Lynch and Stuart Gordon Spence
Case number
SC 42/2016
Summary
Civil Appeal – Judicature Act 1908, s 61A(2) - Whether the Court of Appeal erred in determining that the applicants had no further right of review. [2016] NZCA 149 CA 740/2015
Result
The applications for leave to appeal are dismissed. 17 May 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
CA judgment
Case name
Augustine Lau v UMH Group Limited
Case number
SC 43/2016
Summary
Civil appeal - Whether the Court of Appeal erred in declining to grant an extension of time in which to appeal a High Court order extinguishing a land covenant. [2016] NZCA 132 CA692/2015
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $1,500 to the respondent.
5 July 2016
B The applicant must pay costs of $1,500 to the respondent.
5 July 2016
High Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vincent Ross Siemer v The Attorney-General
Case number
SC 44/2016
Summary
Civil Appeal – Judicature Act 1908, s 88B – Whether the Court of Appeal erred in expanding the scope of the order preventing the applicant from instituting civil proceedings without the leave of the High Court. [2016] NZCA 43 CA278/2014
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are payable to the respondent. 21 June 2016
B Costs of $2,500 are payable to the respondent. 21 June 2016
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Jesse Waiariki Tamanava Butler v North Shore Police
Case number
SC 45/2016
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal erred in dismissing the application for an extension of time to appeal on the basis that the case was inarguable. [2016] NZCA 150 CA657/2015
Result
The application for leave to appeal is dismissed.
13 June 2016
13 June 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Vivien Judith Madsen-Ries and David Stuart Vance as Liquidators of Petranz Limited (in liquidation) and Petranz Limited (in liquidation) v Darrell Warren Karaneihana and Diana Joy Petera
Case number
SC 46/2016
Summary
Civil Appeal – Companies Act 1993 – Whether the Court of Appeal erred in its application of s 161– Whether the Court of Appeal erred in taking into consideration that if the liquidators were successful that surplus funds would be returned to the directors and shareholders pursuant to Morgenstern v Jeffreys [2014] NZSC 176 – Whether the Court of Appeal erred in holding that ss 131–138 are codification of directors’ duties. [2016] NZCA 103 CA198/2015
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 28 July 2016
B There is no order for costs. 28 July 2016
Leave judgment - leave dismissed
High Court decision
Case name
Crocodile International PTE Limited v Lacoste
Case number
SC 47/2016
Summary
Civil Appeal – Trade Marks Act 2002, s 7(1)(a) – Whether the Court of Appeal erred in its interpretation and application of s 7(1)(a) Trade Marks Act 2002. [2016] NZCA 111 CA607/2014
Result
A Leave to appeal is granted (Crocodile International Pte Ltd v Lacoste [2016] NZCA 111).
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
Transcripts
- Hearing date 30 August 2016 (PDF, 582 KB)
Media Releases
- MR [2017] NZSC 14 (PDF, 293 KB)
Additional document
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Case number
SC 48/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131 CA570/2014
Result
A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
Transcripts
- Hearing date 17 October 2016 (PDF, 601 KB)
Media Releases
- MR [2017] NZSC 111 (PDF, 310 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
H v The Queen
Case number
SC 49/2016
Summary
Criminal appeal – Whether the trial Judge erred in his directions to the jury with respect to reliability, the standard of proof, representative counts and depictions of victims of sexual violence. [2015] NZCA 124 CA533/2014
Result
The application for leave to appeal is dismissed. 15 August 2016
Leave judgment - leave dismissed
H (SC 49/2016) v R [2016] NZSC 103 15 August 2016 (PDF, 132 KB)
Judgment appealed from
H (CA533/2014) v R [2015] NZCA 124 (Stevens, Asher and Williams JJ) not electronically available __
Case name
Malcolm Raymond Clarke v The Queen
Case number
SC 50/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge ought to have directed the jury that the applicant did not have the burden of proving that the complainant had a motive to lie. [2016] NZCA 91 CA586/2015
Result
The application for leave to appeal is dismissed.
4 July 2016
4 July 2016
Leave judgment - leave dismissed
Judgment appealed from
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