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
Johnathan Brian Irvine and others v John Douglas Wilson and others
Case number
SC 117/2009
Summary
Civil appeal – trusts and trustees – whether second and third appellants, when signing as trustees, can be personally liable under the Trust Deed – whether there was a breach of the Shareholders Agreement due to the failure to get Special Resolutions for significant borrowings and costs as required by the Business Plan specified in the Shareholders Agreement – whether there was a breach of the major transaction requirements of the Companies Act 1993 – additionally, estoppel argument raised for the first time in the Court of Appeal – whether the Court of Appeal erred in failing to provide the appellants the opportunity to consider or provide evidence in opposition to this point.[2009] NZCA 569 CA 232/2009 7 December 2009
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2,500 to respondents.
18 March 2010
Judgment appealed from
Case name
Douglas John Williamson and John Blackwood Williamson v Selwyn District Council
Case number
SC 118/2009
Summary
Civil Appeal – security for costs – strike-out – summary judgment – Appeal against strike-out by Court of Appeal – appellants’ failure to pay security for costs – Appeal against application in High Court by Selwyn District Council (SDC) to recover possession of land – Appellants refused to vacate land on expiry of 3-year lease agreement as part of sale and purchase agreement of land to SDC – Whether sale and purchase agreement and lease void because SDC exerted duress/undue influence or obtained unconscionable bargain in abuse of dominant bargaining position, or acted in breach of Local Government Act 1974 – Whether the SDC breached Resource Management Act 1991 in obtaining non-notified resource consent – Whether lawyers acted in conflict of interest between appellants and SDC councillor and breached fiduciary duty – Whether appellants waived conflict of interest with informed consent.[2008] NZCA 147 CA 662/2007 5 June 2008
Result
Application for leave to appeal dismissed. 23 February 2010
Leave judgment - leave dismissed
Supreme court decision
Judgment appealed from
Case name
Tere Moana Purea V Alan Stanley Perkins and Adrienne Rosemary Perkins
Case number
SC 119/2009
Summary
Civil appeal - Land Transfer Act 1952 – cross-appeal - the respondents sued for specific performance after the appellant failed to settle a house purchase due to a dispute with his daughter (Mrs Tangi-Tuake) over ownership which resulted in her lodging a caveat against the title of the property – whether the Court of Appeal determination that the finding of Asher J on the facts that it was supported by evidence that there was an agreement that in return for Mr Purea’s daughter taking responsibility for the mortgage and any outgoings and maintenance of the property, ownership would be transferred to her on repayment of then mortgage, was erroneous – whether the Court of Appeal erred in failing to consider that Asher J treated his finding of a constructive trust as if it was an express trust and gave no recognition of the Tangi-Tuakes’ interest in the property – whether the Court of Appeal decision is supported by the Tangi-Tuakes’ pleadings and in particular the way in which their pleadings have changed.[2009] NZCA 541 CA 365/2008 18 November 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the 2nd Respondent.
Leave judgment - leave dismissed
Judgment appealed from
Case name
The Attorney-General of New Zealand v Mervyn Chapman
Case number
SC 120/2009
Summary
Civil – Crown liability for judicial breaches of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in law by holding that the Attorney-General is the correct defendant in an action alleging breaches of the New Zealand Bill of Rights Act 1990 by a Registrar and judges of the Court of Appeal – If not, whether the Court of Appeal erred in law by holding that the Attorney-General is not entitled to the same immunities as the person who committed the alleged breaches.[2009] NZCA 552 CA 245/2008 25 November 2009
Result
Application for leave to appeal granted. The approved ground is whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct in respect of which the judicial officer is immune from liability.
31 March 2010
31 March 2010
Media Releases
- chapman press release (PDF, 108 KB)
Leave judgment - leave granted
Substantive judgment
Substantive judgment / Media release
Transcript
Case name
Janice Mary Menere v Jackson Mews Management Limited
Case number
SC 121/2009
Summary
Civil Appeal – Property Law Act 1952, s 81 – Property Law Act 2007, s 97 – Unit Titles – Mortgages – Whether relevant form of encumbrances can ever be discharged - Whether encumbrances in question ought to be discharged – Whether Court of Appeal was wrong to decide that the rights of the intended appellant to redemption under s 81 of the Property Law Act 1952 had been taken away by the repeal of the Act.[2009] NZCA 563 CA 690/2009 27 November 2009
Result
Application for leave to appeal dismissed. 16 April 2010
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Ross Francis Hookway v The Queen
Case number
SC 1/2008
Summary
Criminal appeal – whether trial counsel is required to inform an accused of his or her right to instruct counsel and for counsel to be bound by those instructions – whether trial Judge was correct to give a Papadopoulos direction when the jury appeared to be deadlocked.[2007] NZCA 567 CA 466/06 11 December 2007
Leave judgment - leave dismissed
HOOKWAY v R SC 1/2008 [9 April 2008] (PDF, 18 KB)
Dates
Application for leave to appeal dismissed.
9 April 2008
Case name
John Bevan-Smith v Raupo Publishing (NZ) Limited
Case number
SC 2/2008
Summary
Civil Appeal – breach of contract – book publication - whether Court of Appeal should have granted extension of time to file case on appeal – whether agreement between applicant and defendant void because of deceptive conduct – whether the defendant breached due diligence obligations in contract - whether the Court received misleading evidence regarding the motive’ s of the defendant – whether High Court made correct findings of fact especially regarding timing of events – whether the Court of Appeal should have reconsidered findings of fact made by the High Court – whether High Court correctly interpreted relevant clauses in contract –whether quantum of lost book sales correctly calculated – whether case should be remitted to the Court of Appeal to be reheard or to the High Court for a new trial.[2007] NZCA 579 CA 57/07 14 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $1,500 to the respondent.
9 April 2008
Case name
Matini Vaihu v The Attorney-General
Case number
SC 3/2008
Summary
Civil Appeal – New Zealand Bill of Rights Act – Breach – Remedies – Damages – Torture or cruel or degrading or disproportionately severe treatment – Kidney dialysis patient, V, bitten by Police dog – Whether Court of Appeal erred in finding bite inadvertent, not deliberate and lawful, so as to relieve Attorney-General of liability for actions of Police dog under control of handler – Whether bite of innocent bystander by Police dog under control of handler constitutes breach of s 9.[2007] NZCA 574 CA 180/06 13 December 2007
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed.
7 April 2008
7 April 2008
Case name
A v The Queen
Case number
SC 4/2008
Summary
Criminal – applicant convicted of sexual violation by rape – victim was applicant’s three-year-old daughter – charges were brought after victim was diagnosed with gonorrhoea. Whether alleged expert evidence, supporting the possibility of non-sexual transmission of the disease, renders the conviction unsafe – application for leave to appeal out of time due to newly available evidence.CA 508/04 28 November 2005
Leave judgment - leave dismissed
A v R SC 4/2008 [9 April 2008] (PDF, 17 KB)
Dates
Application for leave to appeal dismissed.
9 April 2008
Case name
Philip Joseph Fava v Ekhlas Zaghloul and others
Case number
SC 5/2008
Summary
Civil appeal – Insolvency Act 1967 – High Court declined to approve a composition in satisfaction of debts due to creditors by a bankruptee on the grounds that the composition was not reasonable or calculated to benefit the general body of creditors under s 122(3)(b) - Court of Appeal upheld the decision under s 122(3)(b) and also on the basis that the composition was not expedient to be approved under s 122(3)(d) – whether Court of Appeal erred in failing to allow the appellant the opportunity to make written submissions on the issue of expediency – whether the decision based on expediency was wrong in law.[2007] NZCA 594 CA 568/07 21 December 2007
Dates
Application for leave to appeal dismissed.
7April 2008
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