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
T v The Queen
Case number
SC 22/2006
Summary
Criminal - appeal against conviction for permitting a girl under the age of 12 to do an indecent act upon the applicant - whether the Court of Appeal erred in determining that the trial Judge was correct in allowing the jury to view the complainant's videotaped interview during their deliberations - whether the Court of Appeal erred in finding that the trial Judge was not required to warn the jury not to give disproportionate weight to the evidence of the complainant, having seen it twice - whether the Court of Appeal correctly determined that a previous incident between the complainant and her mother related directly or indirectly to the sexual experience of the complainant under s23A Evidence Act, or was otherwise irrelevant. CA 455/06 2 March 2006CA
Result
Leave to Appeal dismissed.
11 April 2006
11 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
T v R SC 22/2006 [11 April 2006] (PDF, 18 KB)
Case name
Anthony Keith Peters v The Queen
Case number
SC 23/2006
Summary
Criminal law - appeal against order by Court of Appeal that there be a joint trial of applicant and another - whether trials of two accused on one count of murder should be severed - right to a fair trial - whether discretion of trial judge should have been interfered with - duty of Court of Appeal to give reasons - whether this Court has jurisdiction to hear an appeal against a pre-trial determination by the Court of Appeal. CA 430/05 22 March 2005CA
Result
Leave to Appeal dismissed.
7 June 2006
7 June 2006
Leave judgment - leave dismissed
Peters V R SC 23/2006 [7 June 2006] (PDF, 16 KB)
Case name
Kevin Jack Ngan v The Queen
Case number
SC 24/2006
Summary
Criminal - search and seizure - appeal against pre-trial ruling holding admissible evidence of drugs found in bag in applicant's car at road accident scene - police conducting "inventory search" for safekeeping of applicant's property - whether search reasonable - New Zealand Bill of Rights Act 1990, s 21. CRI 2005 054 001296.
3 March 2006
3 March 2006
Result
Leave to Appeal directly to this Court dismissed.
12 June 2006
12 June 2006
High Court decision
Leave judgment - leave dismissed
NGAN v R SC 24/2006 [12 June 2006] (PDF, 22 KB)
Case name
Paper Reclaim Limited v Aotearoa International Limited
Case number
SC 25/2006
Summary
Civil – whether the Court of Appeal erred in finding that the appellant’ s liability to the respondent would be for lost commissions between 2 February 2001 and the end of a reasonable notice period – whether the letter of 2 February 2001 was a repudiation – whether damages recoverable are damages for that repudiation – basis upon which damages to be calculated – interrelationship between repudiation and resultant cancellation of a contract. CA 70/04 14 March 2006
Result
Leave to Appeal granted.
2 June 2006
2 June 2006
Leave judgment - leave granted
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Case name
B v M
Case number
SC 26/2006
Summary
Civil appeal – Property (Relationships) Act 1976 – appeal against two judgments of the Court of Appeal dated 22 March 2006 and 29 March 2006 respectively – in relation to first judgment, whether the Court of Appeal erred in assessment of relationship property CA 13/05 22 March 2006
Result
Notice of Abandonment being lodged, the appeal is deemed to be dismissed. 18 June 2006
Case name
B v M
Case number
SC 27/2006
Summary
Civil appeal – Property (Relationships) Act 1976 – appeal against two judgments of the Court of Appeal dated 22 March 2006 and 29 March 2006 respectively – in relation to first judgment, whether the Court of Appeal erred in assessment of relationship property CA 13/05 29 March 2006
Result
Application for leave to appeal dismissed.
13 October 2006
13 October 2006
Leave judgment - leave dismissed
B v M SC 27/2006 [13 October 2006] (PDF, 18 KB)
Case name
Aotearoa International Limited v Paper Reclaim Limited
Case number
SC 28/2006
Summary
Civil – exclusion from export venture – whether Court of Appeal erred in its determination of an appropriate notice-of-termination period – whether Court of Appeal wrong to interfere with trial Judge’s finding that respondent’s sales of waste paper to third party for export was in breach of its contract with the applicant – whether Court of Appeal wrong to deny applicant equitable relief for loss arising from breach of fiduciary duty – whether Court of Appeal wrong to interfere with trial Judge’ s finding that respondent’s principals made false affidavits and gave false evidence in denying existence of contract and therefore whether Court of Appeal erred in setting aside costs awarded on an indemnity basis. CA 70/04 14 March 2006
Result
Leave to Appeal granted.
2 June 2006
2 June 2006
Leave judgment - leave granted
paperreclaimltdvsaotearoainternationalltd 000 (PDF, 15 KB)
Substantive judgment / Media release
Judgment appealed from
Leave judgment - leave granted
Transcript
SC about ground of appeal
Case name
Brett Ronald Larsen v Rick Dees Limited
Case number
SC 29/2006
Summary
Civil appeal – agreement for sale and purchase of ten residential units – delays in settlement - vendor issued settlement notice - notice specified that on receipt from purchaser of faxed bank cheque for settlement figure, title documents would be delivered – purchaser transferred funds electronically before the time limit but confirmation fax only received after time limit – Court of Appeal allowed appeal from decision of High Court in which purchaser’s claim for specific performance was dismissed on basis that purchaser had not settled in accordance with the settlement notice – whether the Court of Appeal erred in finding that the purchaser had fulfilled its obligation to settle in terms of the settlement notice - whether the Court of Appeal applied the correct provision of the Contractual Remedies Act 1979 with respect to the vendor’s entitlement to cancel. CA 82/05 13 March 2006
Result
Leave to Appeal granted. 2 June 2006 ____________________ The appeal is allowed and the judgment of the High Court dismissing the respondent’s claim is restored.
The appellant is awarded costs in this Court of $15,000 and reasonable disbursements to be fixed if necessary by the Registrar. The appellant is also awarded costs in the Court of Appeal of $6,000 and reasonable disbursements to be fixed if necessary by the Registrar of that Court. 1 June 2007
The appellant is awarded costs in this Court of $15,000 and reasonable disbursements to be fixed if necessary by the Registrar. The appellant is also awarded costs in the Court of Appeal of $6,000 and reasonable disbursements to be fixed if necessary by the Registrar of that Court. 1 June 2007
Leave judgment - leave granted
LARSEN V RICK DEES LIMITED SC 29/2006 [2 June 2006] (PDF, 13 KB)
Leave judgment - leave granted
Transcript
Judgment appealed from
Substantive judgment / Media release
Case name
Doreen Warnock & Combined Beneficiaries Union Inc v Chief Executive of the Ministry of Social Development
Case number
SC 30/2006
Summary
Civil – social security – advances made to beneficiary for repair/maintenance of home – policy of the Department of Social Security (as it was then known) to charge interest on advances – whether the discretion to make advances “subject to such terms and conditions as the Director-General may determine” under Social Security Act 1964, s 125 empowers the Director-General to make an advance subject to the payment of interest where the payment of interest does not arise by necessary implication from the provisions of the Act – whether the interest component of an advance under s 125 was a tax – whether the Court of Appeal was in error to treat the common law approach to the charging of interest as being “not particularly helpful… in this particular instance.” CA 10/05 16 March 2006
Result
Leave to Appeal dismissed.
14 June 2006
14 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
Brian Raymond Terry v The Queen
Case number
SC 31/2006
Summary
Criminal – appeal against conviction for assault with intent to injure – whether a substantial miscarriage of justice occurred because the Court of Appeal declined to direct the Crown to forensically examine a certain garment introduced at trial by the defence. CA 154/05 23 March 2006
Result
Leave to appeal dismissed.
14 June 2006
14 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
TERRY V R SC 31/2006 [14 June 2006] (PDF, 16 KB)
Page 225 of 244