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
Vincent Ross Siemer v Michael Heron and others
Case number
SC 6/2011
Summary
Civil Appeal – Procedure – Whether the Court of Appeal’ s holding that there is no automatic right of appeal against a High Court order fixing security for costs is consistent with natural justice – Whether the Court of Appeal addressed the appellant’s arguments – Whether the fact that r 20.13(2) of the High Court Rules was adopted by the Rules Committee has International Covenant on Civil and Political Rights implications.[2010] NZCA 610 CA 190/2010 14 December 2010
Result
The application for leave to appeal is granted. The ground approved is whether leave of the Court of Appeal was required under s 67 of the Judicature Act for the applicant’s appeal against security for costs fixed by order of the High Court or whether appeal was available as of right under s 66 of the Judicature Act.
30 March 2011
_______________________
Appeal dismissed. Costs reserved.
8 November 2011
________________________
Application for recall of judgment of 8 November 2011 is dismissed.
Both applications for costs are dismissed.
9 December 2011
________________________
2nd Application for recall - dismissed.
14 December 2011
________________________
Abuse of process. Dismissed. No further application in relation to [2011] NZSC 133 to be accepted by the Registry.
21 May 2021
30 March 2011
_______________________
Appeal dismissed. Costs reserved.
8 November 2011
________________________
Application for recall of judgment of 8 November 2011 is dismissed.
Both applications for costs are dismissed.
9 December 2011
________________________
2nd Application for recall - dismissed.
14 December 2011
________________________
Abuse of process. Dismissed. No further application in relation to [2011] NZSC 133 to be accepted by the Registry.
21 May 2021
Recall judgment
9 December 2011 Recall and costs (PDF, 48 KB)
Transcript
Hearing date : 15 August 2011
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Jane Chapman Siemer v Kate Fardell as executrix of the estate of John Robert Fortesque Fardell
Case number
SC 7/2011
Summary
Civil – Pre-trial security for costs – Appeal against a Court of Appeal decision refusing to dispense with security for costs in an appeal before that Court – Whether the procedure adopted by the Court lacked procedural fairness – Whether the Court properly exercised discretion – Whether the Court’s ruling wrong on the merits – Section 27 of the New Zealand Bill of Rights Act 1990 – Whether right to justice at trial court level violated. [2010] NZCA 586 CA 450/2010 3 December 2010
Leave judgment - leave dismissed
SIEMER v FARDELL SC 7/2011 [31 March 2011] (PDF, 48 KB)
Dates
Application for leave to appeal dismissed, with costs of $2,500 to the respondent.
31 March 2011.
Case name
Vincent Ross Siemer v Michael Peter Stiassny and Korda Mentha
Case number
SC 8/2011
Summary
Civil Appeal – Defamation – Injunctions – Whether High Court correct to strike out appellant’s application to vary/set aside injunction as abuse of process – Whether Court of Appeal properly addressed leave question of extension of time to file appeal –Whether Court of Appeal dealt with substantive issues not properly the subject of leave hearing.[2010] NZCA 607 CA 692/2010 14 December 2010
Leave judgment - leave dismissed
Dates
The Application for leave to appeal is dismissed with costs of $2,500 to the respondents.
9 May 2011.
Case name
Gary Owen Burgess v Susan Natalie Beaven
Case number
SC 9/2011
Summary
Civil – Property (Relationships) Act 1976 – Relationship Property – Whether Court of Appeal took correct approach to overturning lower court decisions and costs orders – Whether relationship property was correctly assessed under the Property (Relationships) Act, and a division of relationship property inconsistent with the Act has eventuated.[2010] NZCA 625 CA 371/2009 20 December 2010
Result
1 We grant leave to appeal and cross-appeal (and an extension of time in relation to the cross-appeal). 2 The approved grounds of appeal and cross-appeal proceed on the basis that the Court of Appeal’s assessment under s 14(2)(c) of the Property (Relationships) Act 1976 in favour of equal sharing was correct and are as follows: (a) was the Court of Appeal in error in adopting separation date values; (b) was there any logical or arithmetical error in the Court of Appeal’ s identification and valuation of the relationship property and its allowances for post-separation contributions; (c) should the Court of Appeal have made consequential orders in respect of the costs ordered in relation to earlier judgments and money paid by Mr Burgess to Ms Beaven; and (d) what, if any, additional or other orders are required.
22 September 2011
__________________________
A The appeal is allowed and the cross-appeal is dismissed.
B Orders B, C and D of the decision of the Court of Appeal [2010] NZCA 625 are set aside.
C The awards of costs made against Mr Burgess by John Hansen J in the Stream A litigation are set aside and in their place Mr Burgess is awarded $5,000 costs in respect of the first appeal to the High Court heard by John Hansen J.
D Ms Beaven’s gross liability to Mr Burgess is:
(a) Balance due on division of property 3,716.10
(b) Refund of money paid to Ms Beaven 36,804.31
(c) Costs and disbursements on first appeal 5,000
Total 45,520.41
E Ms Beaven is entitled to set off outstanding awards of costs in her favour totalling $15,474.16 against her gross liability producing a net figure which she must pay, and on which Mr Burgess may now execute judgment of $30,046.25. Interest will run on that sum from the date of this judgment in terms of r 11.27 of the High Court Rules.
F Ms Beaven is to pay Mr Burgess usual disbursements in relation to this appeal.
9 August 2012
22 September 2011
__________________________
A The appeal is allowed and the cross-appeal is dismissed.
B Orders B, C and D of the decision of the Court of Appeal [2010] NZCA 625 are set aside.
C The awards of costs made against Mr Burgess by John Hansen J in the Stream A litigation are set aside and in their place Mr Burgess is awarded $5,000 costs in respect of the first appeal to the High Court heard by John Hansen J.
D Ms Beaven’s gross liability to Mr Burgess is:
(a) Balance due on division of property 3,716.10
(b) Refund of money paid to Ms Beaven 36,804.31
(c) Costs and disbursements on first appeal 5,000
Total 45,520.41
E Ms Beaven is entitled to set off outstanding awards of costs in her favour totalling $15,474.16 against her gross liability producing a net figure which she must pay, and on which Mr Burgess may now execute judgment of $30,046.25. Interest will run on that sum from the date of this judgment in terms of r 11.27 of the High Court Rules.
F Ms Beaven is to pay Mr Burgess usual disbursements in relation to this appeal.
9 August 2012
Media Releases
- sc 9 2011 burgess v beaven media release (PDF, 84 KB)
Leave judgment - leave granted
BURGESS v BEAVEN SC 9/2011 [22 September 2011] (PDF, 106 KB)
Substantive judgment
BURGESS v BEAVEN SC 9/2011 [9 August 2012] (PDF, 193 KB)
Transcript
Blanchard, Tipping, William Young, Chambers, Anderson JJ.
Case name
Erin Alice Leigh v The Attorney-General and Lindsay Gow
Case number
SC 10/2011
Summary
Civil Appeal – Defamation – the applicant claims damages for defamation against the then Minister for the Environment and Deputy Secretary of the Ministry in relation to statements made about her in a Briefing Paper and orally – whether the Court of Appeal erred in finding that Article 9 of the Bill of Rights 1688 precluded the applicant from relying on republication of the statements in the House of Representatives to show the nature and extent of consequential damage from the original written and oral statements[2010] NZCA 624 CA 483/2009 17 December 2010
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
8 April 2011
Case name
The Attorney-General and Lindsay Gow v Erin Alice Leigh
Case number
SC 11/2011
Summary
Civil Appeal – Defamation Act 1992 – Absolute Privilege – whether the Court of Appeal erred in holding that the Briefing Paper and oral statements did not form part of the “proceedings in the House of Representatives” and therefore were not protected by absolute privilege[2010] NZCA 624 CA 483/2009 17 December 2010
Result
The application for leave to appeal is granted. The approved ground is whether the communications by Mr Gow to the Minister for the Environment were the subject of absolute privilege.
11 April 2011
___________________
Appeal dismissed.
16 September 2011
11 April 2011
___________________
Appeal dismissed.
16 September 2011
Media Releases
- sc 11 2011 the attorney general v gow leigh (PDF, 54 KB)
Leave judgment - leave granted
Substantive judgment
Transcript
Elias CJ, Blanchard, Tipping, McGrath, Anderson JJ.
Substantive judgmen / Media release
Judgment appealed from
Case name
Sherman Limited v Roy Jay Harlow and Nancy Jean Harlow
Case number
SC 12/2011
Summary
Civil – Appeal against a decision of the Court of Appeal overturning the High Court – Restrictive covenants registered against a title to land by the vendors after an agreement of sale and purchase made –Whether the purchaser is obliged to requisition the title where the purchaser objects to the title available from the vendor – Whether, in the absence of requisition, the vendor is entitled to issue a settlement notice and in the absence of compliance with the notice, to cancel the contract.[2010] NZCA 627 CA 785/2009 20 December 2010
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2,500 to the respondent.
11 April 2011.
Case name
Toa Haere Faulkner v Deputy Registrar, Trustees of Allotment 5 Parish of Tahawai and Western Bay of Plenty District Court
Case number
SC 13/2011
Summary
Civil appeal – Te Ture Whenua Maori Act 1993 – Determination of the Maori Land Court of Maori freehold land status – Whether the Maori Land Court erred in law – Whether the Maori Land Court failed to consider evidence – Whether the Maori Land Court is biased towards the Crown.Maori Appellate Court A 20090002450 21 December 2010
Leave judgment - leave dismissed
Not publicly available
Dates
Application for leave to appeal dismissed. Costs $2,500 to the 2nd respondent.
12 April 2011.
Case name
Maritime New Zealand v Survey Nelson Limited
Case number
SC 14/2011
Summary
Judicial Review – Decision to approve Safe Ship Management Company – Maritime Transport Act 1995 – Maritime Rules – Error of Law – Whether Court of Appeal correct, after finding error of law, to reverse High Court position and grant relief to Survey Nelson Ltd – Whether Court of Appeal possessed jurisdiction to reinstate approval where this effectively required the issue of a new approval[2010] NZCA 629 CA 245/2010 21 December 2010
Leave judgment - leave dismissed
Dates
The application for leave to appeal is dismissed.
The applicant is to pay the respondent costs in the sum of $2,500 plus disbursements and other necessary payments, to be fixed if necessary by the Registrar.
2 June 2011.
Case name
Allan Brian Miller and Michael John Carroll v The New Zealand Parole Board and The Attorney-General
Case number
SC 15/2011
Summary
Civil – Judicial Bias – Whether the Court of Appeal bench was properly selected – Whether the Court of Appeal applied the correct test for judicial bias – Whether the Parole Board was independent – Whether the appellant Carroll was properly recalled from parole – Whether preventive detention is consistent with the rehabilitation purpose of art 10(3) of the International Covenant on Civil and Political Rights.[2010] NZCA 600 CA 67/2009 8 December 2010
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
23 March 2011.
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