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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Bronwyn Estate Limited, Barry’s Car Sales, Patrick Antony Darby v Gareth Russel Hoole and Kevin David Pitfield as receivers of Hillcrest Services Limited (in receivership) and Hillcrest Services Limited
Case number
SC 81/2007
Summary
Civil appeal – costs awarded against applicants for Anton Pillar application – applicants appealed against cost award – whether the Court of Appeal was correct to refuse to dispense with security for costs – whether this decision denies the applicants access to justice by preventing them from continuing with their appeal. CA 133/07 1 November 2007
Result
Application for leave to appeal dismissed . Costs $1,500 to the respondents. 8 February 2008
Leave judgment - leave dismissed
Case name
Lionel Andrew West v The Official Assignee
Case number
SC 82/2007
Summary
Civil appeal – disposal of applicant’s beneficial interest in property on insolvency – whether the Official Assignee was prevented from selling the applicant’s interest in the trust property when the applicant had been discharged from bankruptcy – whether the Official Assignee was free to choose which property comprised the applicant’s 1/3 share in the trust property –whether the Court of Appeal applied Cameron v Official Assignee (1987) 9 NZTC 6,187 correctly – whether the Official Assignee’s mistaken belief that he replaced the applicant as trustee of the property formed a cause of action in negligence - whether all debts owed by the applicant had been paid and whether this fact affected the ability of the Official Assignee to sell the property interest – whether the Court of Appeal should have allowed the applicant to introduce new evidence – whether the Magna Carta prevented the Official Assignee from disposing of the applicant’s property interest. [2007] NZCA 523 CA 53/06 20 November 2007
Result
Application for leave to appeal dismissed. Costs of $1500 to the respondent. 11 March 2008
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Miles Davies v New Zealand Police
Case number
SC 83/2007
Summary
Criminal – appeal against Court of Appeal’s decision to confirm award of reparation to a victim for loss of earnings to the extent (20%) it is not compensable under the Injury Prevention, Rehabilitation and Compensation Act 2001 (IPRC Act) – whether sentences of reparation can be characterised as proceedings for damages brought by the victim independently of the IPRC Act (prohibited by s 317(1) of that Act) – whether s 32(5) Sentencing Act 2002 prohibits the ‘topping-up’ of IPRC Act entitlements by sentences of reparation.[2007] NZCA 484 CA 101/07 2 November 2007
Result
Application for leave to appeal granted.
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
15 February 2008
__________________________
Appeal allowed. Sentence of reparation is set aside and in substitution a sentence of reparation of $8,945 is imposed. Question of costs reserved.
25 May 2009
Media Releases
- sc 83 2007 davies v new zealand police press release (PDF, 87 KB)
Leave judgment - leave granted
Substantive judgment
DAVIES v NEW ZEALAND POLICE SC 83/2007 [25 May 2009] (PDF, 107 KB)
Substantive judgment /Media release
Transcript
Judgment appealed from
Case name
Minister of Fisheries and The Chief Executive of the Ministry of Fisheries v Antons Trawling Limited, Esperance Fishing Co Limited and Orneagan Developments Limited
Case number
SC 84/2007
Summary
Summary Civil – appeal from a Court of Appeal decision which granted interim relief to the Respondents against a decision, of the Minister of Fisheries, to reduce the Total Allowable Catch/Total Allowable Commercial Catch for an Orange Roughy fish stock – Applicant claims that the Court of Appeal erred in law, by failing to follow the test in Carlton & United Breweries v Minister of Customs [1986] 1 NZLR 423 when determining the scope of the remedy under s 8 Judicature Amendment Act 1972 and the approach to be adopted – Applicant also claims that the Court of Appeal erred by granting interim relief in the absence of evidence, and by determining that any level of likely monetary loss was sufficient to meet the test of necessity. Application made for urgent hearing, given the practical consequences of the decision for the Orange Roughy population and the potentially wide-ranging effects of the decision on appeal. [2007] NZCA 512 CA 101/07 19 November 2007
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents jointly. 6 December 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Steelbro New Zealand Ltd v Tidd Ross Todd Ltd Summary Civil – Copyright Act 1994 – High Court found applicant had infringed copyright in plaintiff’ s sideloading container trailer – decision upheld by Court of Appeal – whether Court of Appeal failed to
Case number
SC 85/2007
Summary
[2007] NZCA 486 CA 7/06 2 November 2007
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed. 21 February 2008
Judgment appealed from
Case name
Stephen Peter Tandy v The Queen
Case number
SC 86/2007
Summary
Criminal appeal – sentencing – Court of Appeal quashed the sentence of six and a half years imposed by the District Court judge and replaced it with a sentence of eight years – whether the Court of Appeal was correct to increase the sentence imposed in the District Court – in particular, whether courts are obliged to accept eight years as the starting point in cases of sexual violation by rape – whether a guilty plea made after the complainant has given evidence is necessarily less worthy than a guilty plea that spares the complainant the need to give evidence – whether a guilty plea entered part way through trial by one accused is of assistance to the Crown with respect to bolstering the credibility of the complainant’ s evidence – whether the trial judge has an unfettered right to enter a merciful sentence – whether the Court of Appeal made material factual errors – whether the Court of Appeal’s approach has resulted in a miscarriage of justice.[2007] NZCA 550 CA 511/07 29 November 2007
Result
Application for leave to appeal is dismissed. 22 February 2008
Leave judgment - leave dismissed
TANDY v R SC 86/2007 [22 February 2008] (PDF, 21 KB)
Judgment appealed from
Case name
Phillip Hans Field v Malcolm James Burgess
Case number
SC 87/2007
Summary
Criminal appeal – sentencing – Court of Appeal quashed the sentence of six and a half years imposed by the District Court judge and replaced it with a sentence of eight years – whether the Court of Appeal was correct to increase the sentence imposed in the District Court – in particular, whether courts are obliged to accept eight years as the starting point in cases of sexual violation by rape – whether a guilty plea made after the complainant has given evidence is necessarily less worthy than a guilty plea that spares the complainant the need to give evidence – whether a guilty plea entered part way through trial by one accused is of assistance to the Crown with respect to bolstering the credibility of the complainant’ s evidence – whether the trial judge has an unfettered right to enter a merciful sentence – whether the Court of Appeal made material factual errors – whether the Court of Appeal’s approach has resulted in a miscarriage of justice.[2007] NZCA 550 CA 511/07 29 November 2007
Result
Application for leave to appeal dismissed. 17 December 2007
Leave judgment - leave dismissed
FIELD v BURGESS SC 87/2007 [17 December 2007] (PDF, 16 KB)
Judgment appealed from
Case name
Kevin Joseph Charles Little v R
Case number
SC 88/2007
Summary
Summary Criminal – appeal against conviction and sentence – murder of baby daughter – whether verdict supportable having regard to the evidence (s 385(1)(a) Crimes Act 1961) – whether admission of expert evidence of geophysicist (animation of applicant’s pre-trial explanation of incident) resulted in a miscarriage of justice – whether minimum non-parole period of 17 years manifestly unjust.[2007] NZCA 491 CA 557/07 9 November 2007
Result
Application for leave to appeal is dismissed.
22 February 2008
22 February 2008
Leave judgment - leave dismissed
LITTLE V R SC 88/2007 [22 February 2008] (PDF, 15 KB)
Judgment appealed from
Case name
Alan Ivo Greer v The Queen
Case number
SC 89/2007
Summary
Criminal appeal – rehearing of appeal against conviction for driving while disqualified, pursuant to R v Smith [2003] NZLR 617 – whether Court of Appeal erred in not allowing appeal against conviction - whether the applicant was prevented from bringing a defence because photographic and transcript evidence had been destroyed or not disclosed - whether the Court of Appeal gave proper consideration to evidence – whether applicant was given necessary access to Court records – whether there was a miscarriage of justice. [2007] NZCA 517 CA 161/06 20 November 2007
Result
Application for leave to appeal dismissed.
22 May 2008
22 May 2008
Leave judgment - leave dismissed
GREER v R SC 89/2007 [22 May 2008] (PDF, 14 KB)
Judgment appealed from
Case name
G v The Queen
Case number
SC 90/2007
Summary
Criminal appeal – appeal against 10 convictions for sexual offences – whether applicant had necessary facilities for making appeal – whether there was a miscarriage of justice. [2007] NZCA 518 CA 179/06 20 November 2007
Result
Application for leave to appeal dismissed.
22 May 2008
22 May 2008
Leave judgment - leave dismissed
G v R SC 90/2007 [22 May 2008] (PDF, 14 KB)
Judgment appealed from
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