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
Martin Charles Cox v The Queen
Case number
SC 7/2006
Summary
Criminal law - appeal against conviction for assault with intent to commit sexual violation and sexual violation - whether the conduct of the Crown at trial justified the ordering of a new trial - whether the direction to the jury would have left the jury in doubt as to the burden of proof - misdirection on the core issue - approach to questioning in cross-examination that tends to breach solicitor/client privilege - prior consistent statement evidence. CA 240/05 7 December 2005
Result
Leave to Appeal dismissed.
31 March 2006
31 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
COX V R SC 7/2006 [31 March 2006] (PDF, 18 KB)
Case name
Emelysifa Jessop v The Queen
Case number
SC 8/2006
Summary
Criminal - appeal against conviction and sentence for aggravated robbery - whether Court of Appeal was unlawfully constituted contrary to New Zealand Bill of Rights Act 1990 ("NZBORA"), ss 25(a), 25(h); International Covenant on Civil and Political Rights ("ICCPR"), arts 14, 26; Judicature Act 1908, ss 9A, 58, 58G - whether undue trial or appellate delay contrary to NZBORA, s 25; ICCPR art 14 - whether failure to consider rights of the child pursuant to NZBORA, s 25(i); United Nations Convention on the Rights of the Child - admissibility of identification parade and video interview evidence - whether case should have been re-committed to High Court - whether trial judge biased - effect of principle of equality of arms - adequacy of trial judge's summing up - whether sentence manifestly excessive . CA 13/00 19 December 2005.
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
JESSOP V R SC 8/2006 [27 March 2006] (PDF, 18 KB)
Additional document
Case name
Jocelyn Mary Imms v Craig Wesley Gunson and others
Case number
SC 9/2006
Summary
Civil - Family Protection Act - application for directions in the High Court - scope of s 64 of the Trustee Act 1956 - will containing option to purchase shares in company that owned a farm - trustees' proposal to subdivide land. CA 55/05 13 December 2005
Result
Leave to Appeal dismissed.
27 March 2006
27 March 2006
Leave judgment - leave dismissed
Case name
Alan John Shirley v Wairarapa District Health Board
Case number
SC 10/2006
Summary
Civil - costs - defendant in negligence proceedings persuaded plaintiff to join second defendant - plaintiff discontinued proceedings against first defendant after accepting settlement offer - second defendant successfully defended claim in full hearing - whether second defendant entitled to costs against first defendant. CA 43/05 7 December 2005
Result
Leave to Appeal granted.
21 March 2006
_______________________________
Appeal dismissed. Costs to respondent $15,000 plus disbursements.
23 August 2006
21 March 2006
_______________________________
Appeal dismissed. Costs to respondent $15,000 plus disbursements.
23 August 2006
Leave judgment - leave granted
Judgment appealed from
Transcript
Leave judgment - leave granted
Substantive judgment / Media release
Case name
Alwyn Keith Caie v The Atttorney-General and The New Zealand Police
Case number
SC 11/2006
Summary
Civil - appeal against decision of Court of Appeal dismissing appellant's appeal against decision of the High Court in which appellant succeeded - application for rehearing - approach to appeal by successful party in the Court below - appeal against reasoning but not findings themselves - whether Court of Appeal erred in restricting the presentation of arguments by the appellant to justiciable issues. CA 108/01 22 December 2005
Result
Leave to Appeal dismissed.
10 March 2006
10 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
The University of Newlands and Rochelle Marianne Forrester v Nationwide News Pty Limited
Case number
SC 12/2006
Summary
Civil – defamation – jurisdiction – University of Newlands allegedly defamed on Australian website – whether an act or omission for or in respect of which damages are claimed occurred in New Zealand, pursuant to High Court Rules, r 219(a) – whether good arguable case on the merits – whether sufficient evidence of reputation, publication, or damage CA 202/04 9 December 2005
Result
Leave to Appeal dismissed.
29 March 2006
29 March 2006
Court of Appeal decision
Leave judgment - leave dismissed
Case name
AMP v MacAlister Todd
Case number
SC 13/2006
Summary
Civil – insurance – solicitor trustee negligently failed to recognise that GST was payable on sale of trust assets – whether solicitor’ s firm entitled to indemnity from insurer – whether Court of Appeal failed to address a principal ground of appeal – whether claim against firm arose “from a trading loss or trading liability incurred by a business managed by or carried on by the insured” – whether claim against own firm by solicitor in capacity as trustee is a claim “made against” the firm – whether causation between solicitor’s negligence and loss – which party has onus to show causation – whether evidential basis to find that trustees would have secured indemnity from trust funds had solicitor not been negligent CA 108/05 15 December 2005
Result
Application for leave to appeal granted.
4 July 2006
_________________________
Appeal allowed, Judgment entered for the appellant on the respondents claim. No award of costs.
8 December 2006
4 July 2006
_________________________
Appeal allowed, Judgment entered for the appellant on the respondents claim. No award of costs.
8 December 2006
Substantive judgment
Leave judgment - leave granted
Judgment appealed from
Leave judgment - leave granted
Transcript
Hearing date : 20 0ctober 2006
Case name
Allan Borley v The Queen
Case number
SC 14/2006
Summary
Criminal – appeal against conviction for sexual violation and indecent assault – evidence of child complainants – whether sufficient evidence for conviction – whether accused’s decision not to give evidence was compromised due to erroneous advice by trial counsel CA 121/05 12 December 2005
Result
Leave to Appeal dismissed.
12 April 2006
12 April 2006
Court of Appeal decision
Leave judgment - leave dismissed
BORLEY V R SC 14/2006 [11 April 2006] (PDF, 15 KB)
Case name
Trustee Executors Limited v Peter James Murray and others and Morel & Co Ltd and Jennifer Ann Morel
Case number
SC 15/2006
Summary
Civil - allotment of participatory securities - 'payment' of minimum amount within 4 months of registered prospectus - whether the tender and acceptance of a cheque on terms that it be held and its value offset against the amount payable to its drawer on settlement can "be deemed to have been paid" within the meaning of Securities Act 1978, s 37(2)(a) - whether statutory supervisor owes common law duty of care in addition to duty to exercise reasonable diligence imposed by statutory implication and Deed of Participation - whether a duty as trustee of funds received pursuant to an offer of securities can be imposed in addition to an express duty as statutory supervisor - whether exclusion clause in Deed of Participation can exclude liability except for breach of the statutory implied duty to exercise reasonable diligence - whether negligent or inadvertent breach of trust can amount to (equitable) fraud for the purposes of Limitation Act 1950, s 28. CA 86/04 22 December 2005
Result
4 April 2006 – Leave to Appeal granted
Transcripts
- Hearing date 21 and 22 Nov 2006 SC 15/2006 (PDF, 485 KB)
Media Releases
- MR [2007] NZSC 27 (PDF, 159 KB)
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Case name
Gillian Moana Buchanan and Lynette Catherine Symes v Chief Executive of the Department of Inland Revenue
Case number
SC 16/2006
Summary
Civil appeal – employees dismissed for breach of Inland Revenue Code of Conduct - Court of Appeal dismissed personal grievances and orders for reinstatement made in the Employment Relations Authority and upheld in the Employment Court - whether the Court of Appeal erred in holding that ignorant non-compliance with Code does not give rise to presumption that actions do not constitute serious misconduct – whether the Court of Appeal erred in stating the test for disparity of treatment by including a third element that the dismissal must be justified notwithstanding the disparity for which there is no adequate explanation – whether the Court of Appeal’ s decision to determine whether there was disparity of treatment on the facts rather than refer the matter back to the Employment Court constituted a substantial miscarriage of justice. CA 2/05 22 December 2005
Result
Leave to Appeal dismissed, costs of $2,500 to respondent.
6 June 2006
6 June 2006
Court of Appeal decision
Leave judgment - leave dismissed
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