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
NJW v The Queen
Case number
SC 137/2010
Summary
Criminal – Sexual Offences – Whether evidence of complainant’ s sexual history directly relevant and excluded contrary to the interests of justice at trial – Whether sentence imposed by Court of Appeal excessive in the circumstances.[2010] NZCA 561 CA 247/2010 29 November 2010
Leave judgment - leave dismissed
W v R SC 137/2010 [8 March 2011 (PDF, 10 KB)
Dates
Application for leave to appeal dismissed.
8 March 2011.
Case name
Gordana Vukomanovic v The Residence Review Board
Case number
SC 140/2010
Summary
Civil – s 115(1) and 146A of the Immigration Act 1987 – Appeal against the decision of the High Court declaring that the Court had no jurisdiction to consider an appeal brought out of time against a decision of the Residence Review Board. Civ 2010 485 497 Miller J 20 May 2010.
Leave judgment - leave dismissed
Dates
Application for leave to appeal is dismissed with no order for costs.
9 March 2010.
Case name
JMW v The Queen
Case number
SC 141/2010
Summary
Criminal Appeal – Proposed “leap frog” appeal – Whether jurisdiction exists to hear proposed appeal – Whether challenges based on jurisdiction of the High Court, due process, alleged abuses of rights, accuracy of documents and sufficiency of evidence ought to be upheld. Cri 2010 092 2879 Brewer J 11 October 2010
Leave judgment - leave dismissed
Not publicly available
Dates
Application for leave to appeal dismissed.
7 March 2011.
Case name
WAH v WTW and others
Case number
SC 142/2010
Summary
Civil Appeal – Care of Children Act 2004 – High Court made order that children should remain under guardianship of High Court and that permanent homes outside the family be found – Whether High Court adopted the wrong test under s 5(e) Care of Children Act for assessing psychological violence to children – Whether Court of Appeal erred in holding High Court Judge not required to recuse herself – Whether High Court gave insufficient weight to Māori cultural issues – Whether High Court wrong to call appellant’s former counsel as witness – Whether Court of Appeal failed to address constitutional separation of powers issue.[2010] NZCA 577 CA 40/2010 2 December 2010
Leave judgment - leave dismissed
sc 142 2010 wah v wtw and ors (PDF, 35 KB)
Dates
The application by the Chief Executive of the Ministry of Social Development for leave to intervene is granted.
The application for leave to appeal is dismissed.
14 March 2011.
Case name
CJ B v MVB
Case number
SC 1/2009
Summary
Civil – family law – Property (Relationships) Act 1908 – parties ended a de facto relationship but subsequently married and later separated again – Court of Appeal held that, for the purposes of s 4C of the Act, the parties’ marriage was not a continuation of their de facto relationship – whether the Court of Appeal was correct to apply a different yardstick in deciding whether a relationship had come to an end for married and de facto couples during a period of temporary separation.[2008] NZCA 520 CA 412/2008 2 December 2008
Result
Application for leave to appeal refused. 17 March 2009
Case name
MJT v DGH
Case number
SC 2/2009
Summary
Civil Appeal – Hague Convention – Sections 105 and 106 Care of Children Act 2004 – Appeal against Court of Appeal’s refusal to stay Family Court order to return children to Australia – whether children at grave risk if returned to Australia – whether the children were habitually resident in New Zealand – whether the children’ s human rights have been breached.[2008] NZCA 586 CA 776/2007 24 December 2008
Result
Application for leave to appeal dismissed.
4 February 2009
4 February 2009
Leave judgment - leave dismissed
MT v DH SC 2/2009 [4 February 2009] (PDF, 20 KB)
Judgment appealed from
Case name
David Cullen Bain v The Queen
Case number
SC 3/2009
Summary
[2008] NZCA 585 CA 572/2008, CA 672/2008 24 December 2008
Result
Notice of Abandonment of Appeal being lodged, the appeal is deemed to be dismissed.
9 February 2009
9 February 2009
Case name
Michael Gregory v Thomas Patrick Joseph Gollan and others
Case number
SC 4/2009
Summary
Civil appeal - application for proceeding to trial by judge and jury – alleged wrongful arrest – whether proceedings involve mainly questions of law – whether discretion to allow trial by judge has been properly exercised - whether trial by judge denies the appellant of constitutional rights – whether c.29 Magna Carta applies to civil proceedings concerning wrongful arrest.[2008] NZCA 568 CA 699/2007 19 December 2008
Result
Application for leave to appeal dismissed. Costs $2,500 to respondent.
30 March 2009
30 March 2009
Leave judgment - leave dismissed
GREGORY v GOLLAN AND ORS SC 4/2009 [30 March 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Arthur William Taylor v The Queen
Case number
SC 5/2009
Summary
Criminal Appeal – kidnapping and escaping from lawful custody – appeal against conviction and sentence – whether a plea of previous acquittal was available to the applicant at his trial – whether the Court of Appeal was correct to hold that whether the applicant was in lawful custody was an issue for the judge – whether the sentence was excessive [2008] NZCA 558 CA 61/2008 17 December 2008
Result
Application for leave to appeal is dismissed.
15 May 2009
15 May 2009
Leave judgment - leave dismissed
TAYLOR v R SC 5/2009 [15 May 2009] (PDF, 15 KB)
Judgment appealed from
Case name
Beverley Rawleigh v Derek Maxwell Tait
Case number
SC 6/2009
Summary
Civil – Breach of fiduciary duty – Liability – Solicitor acted for both husband and wife in a transaction without informed consent of wife – Whether a solicitor is liable for losses flowing from a transaction in which he acted for a client in breach of his fiduciary duty to avoid conflicts of interest where the client would have entered into the transaction in any event.[2008] NZCA 525 CA 609/2007 3 December 2008
Result
Application for leave to appeal is dismissed. Costs $2,500 to the respondent.
17 February 2009
17 February 2009
Leave judgment - leave dismissed
Rawleigh v Tait SC 6/2009 [17 February 2009] (PDF, 16 KB)
Judgment appealed from
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