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.
11 July 2024
Case information summary 2024 (as at 5 July 2024) – Cases where leave granted (123 KB)
Case information summary 2024 (as at 5 July 2024) – Cases where leave to appeal decision not yet made (PDF, 126 KB)
All years
Case name
Edgar Alan Moray Burns and Yvonne Joy Burns v ANZ National Bank of New Zealand
Case number
SC 97/2006
Summary
Summary Civil – applicants sought to cancel settlement agreement made with respondent bank – proceedings arose out of claim against bank alleging breach of trust or fiduciary obligation by bank in failing to pay to applicants proceeds of sales of trees made by an agent of the applicants (knowing receipt) – failure on the part of respondent to discover documents which were discovered in a similar subsequent case involving another party – ss 7(3) and (4) Contractual Remedies Act – Court of Appeal found that there was a representation that discovery was adequate or complete when it was inadequate and incomplete – Court of Appeal found that applicants failed in their assertion of existence of agency relationship, having argued vendor/purchaser relationship in previous proceedings – whether Court of Appeal erred in holding that materiality is a necessary element of inducement – whether Court of Appeal erred in speculating how representors would have acted had position not been misrepresented to them to determine substantiality. CA 269/05 27 November 2006
Result
Application for leave to appeal refused.
17 April 2007
17 April 2007
Leave judgment - leave dismissed
Judgment appealed from
Case name
Wayne Peter Hitchings v The Queen
Case number
SC 98/2006
Summary
Criminal – appeal against conviction – whether material acquired by the Crown was evidence “going to rebut notified alibi defences and therefore not disclosable” or whether it was material that would assist the defence and therefore disclosable as of right – whether failure to disclose the evidence prejudiced the defence preparation for trial – whether Court of Appeal erred in finding that applicant would have had difficulty presenting two alibi defences, when the underlying argument was that the applicant was at home at the relevant time – whether evidence was inconsistent with this defence – whether trial was unfair. CA 519/05 27 November 2006
Result
Application for leave to appeal dismissed. 9 March 2007
Leave judgment - leave dismissed
HITCHINGS v R SC 98/2006 [9 March 2007] (PDF, 19 KB)
Judgment appealed from
Case name
Norman William Jack and Judith Anne Jack v Murray Clive Guy
Case number
SC 1/2005
Summary
Nature of contract - whether contract between parties was one of sale and purchase or one of agency - whether contract breached - whether contract terminated - on whom the burden of proof rests when a defence is raised under s7(3)(c) Contractual Remedies Act 1979. CA164/03 1 December 2004
Result
Leave to appeal refused.
11 March 2005
11 March 2005
Leave judgment - leave dismissed
JACK AND JACK V GUY SC SC 1/2005 [11 March 2005] (PDF, 20 KB)
Judgment appealed from
Case name
Jarod Peter Hester and others v The Commissioner of Inland Revenue
Case number
SC 2/2005
Summary
Civil appeal - whether the Court of Appeal erred in concluding that the income of the Church of Jesus Christ of the Latter-day Saints benefit and superanuation plan was not exempt from tax as the plan was not a trust for charitable purposes within the meaning of s CB4 (1)(c) of the Income Tax Act 2004 - whether the principles set out in Presbyterian Church Fund of New Zealand v The Commissioner for Inland Revenue [1994] 3 NZLR 363 should be applied to the plan of the Mormon church - application of the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 to the law of charities. CA 6/04 14 December 2004
Result
Leave to appeal dismissed. Costs $2,500 plus disbursements to the respondent.
3 May 2005
3 May 2005
Leave judgment - leave dismissed
Judgment appealed from
Transcript
Case name
Joseph Coleman v The Queen
Case number
SC 3/2005
Summary
Criminal Appeal against conviction for murder - whether otherwise inadmissible hearsay evidence became admissible due to counsels' consent. CA180/04 15 December 2004
Result
Leave to appeal refused.
23 March 2005
23 March 2005
Leave judgment - leave dismissed
V R SC SC 3/2005 [23 March 2005] (PDF, 14 KB)
Judgment appealed from
Case name
Lynda Jean Whyman v Public Trust
Case number
SC 4/2005
Summary
Civil appeal - Property (Relationships) Act - appeal against the decision of the Court of Appeal allowing an appeal against the High Court's decision granting letters of administration to the respondent - interpretation of s 88(2) allowing the Court to grant leave only if it is satisfied that refusing leave would cause serious injustice - whether the choice of option B under s 61, under which the surviving spouse or de facto partner chooses not to make an application under the Act, means that there would be no jurisdiction for the Court to grant leave under s 88(2) to the administrator of the deceased's estate to entertain an application under s 25 for an order concerning the division of relationship property. CA 76/04 17 December 2004
Judgment appealed from
Result
Leave to appeal granted.
23 March 2005
___________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Case name
Abhirama Sundari Sivasubramanium v Tony Harry Yarrall
Case number
SC 5/2005
Summary
Accident Compensation - whether the death of foetus in utero amountsto a personal injury suffered by the mother for the purpose of theInjury Prevention Rehabilitation and Compensation Act 2001 - whether there are exceptional circumstance justifying taking the appeal directly to the Supreme Court in terms of s14 of the Supreme Court Act2003. CIV 2004040485-464 21 December 2004
Result
Notice of abandonment being lodged, the application is deemed to be dismissed. 10 June 2005
Case name
Allan Kendrick Dean v The Queen
Case number
SC 6/2005
Summary
Criminal Appeal - whether sentence of preventive detention should have been imposed - whether there has been unlawful appellate delay or breach of the New Zealand Bill of Rights Act 1990 - whether a substantial miscarriage of justice has resulted. CA 172/03 17 December 2004
Result
Leave to appeal dismissed.
11 April 2005
11 April 2005
Leave judgment - leave dismissed
R V DEAN SC 6/2005 [11 April 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Bernard John Pavitt v The Queen
Case number
SC 7/2005
Summary
Criminal appeal against conviction for aggravated robbery - whether colour of right - whether evidence inadmissable as unfairly obtained - burden of proof - whether misdirection by trial judge in telling jury that two others involved in the offending had also been charged. CA 257/04 21 October 2004
Result
Leave to appeal refused.
10 May 2005
10 May 2005
Leave judgment - leave dismissed
PAVITT V R SC 7/2005 [10 May 2005] (PDF, 15 KB)
Case name
Roger John Payne v Jeanette Rosslyn Payne
Case number
SC 8/2005
Summary
Matrimonial property division - order for sale of property to enforce earlier High Court orders for payments by the appellant to the respondent - appeal from decision of the Court of Appeal dismissing an application for a stay of orders for the sale of the appellant's house - whether payment by the appellant in the amount of the value of a half share in the marital home entitles the appellant to the immediate transfer to him of that interest - whether the Court should exercise its residual power to reopen the appellant's litigation. CA 257/04 21 October 2004
Result
Leave to appeal refused.
The stay order made by this Court on 11 March 2005 is set aside.
18 March 2005
The stay order made by this Court on 11 March 2005 is set aside.
18 March 2005
Leave judgment - leave dismissed
Page 233 of 245