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
Garry Albert Muir and others v Commissioner of Inland Revenue.
Case number
SC CIV 18/2004
Summary
Appeal from decision of Court of Appeal dismissing an appeal of the High Court's decision to discharge confidentiality orders - the application of "open justice" principles to tax cases in light of the confidentiality and fairness provisions in the Tax Administration Act 1994. CA 185/04 14 October 2004
Result
Leave to appeal dismissed. Interim stay of Court of Appeal judgment set aside. 15 November 2004
Case name
Attorney-General v Ahmed Zaoui, Inspector General of Intelligence and Security, and Human Rights Commissioner
Case number
SC CIV 19/2004
Summary
Civil appeal - judicial review of the standard to be applied by Inspector General in reviewing a security risk certificate issued under Part A of the Immigration Act 1997 in respect of a refugee who is said to be a threat to national security - whether Inspector General required to take into consideration New Zealand's international obligations, including but not limited to, the Refugee Convention - if so, what standard of risk does international law require before certificate can be confirmed. CA20/04 19 November 2004
Result
Leave to appeal granted.
3 February 2005
_______________________
The first respondent is granted leave to cross appeal. The declarations made by the Court of Appeal are set aside. The Court makes the following declarations: 1. Those applying article 33.2 of the Convention relating to the Status of Refugees 1951 under Part 4A of the Immigration Act 1987 are to apply it in its own terms. In particular, to come within article 33.2, the person in question must be thought on reasonable grounds to pose a serious threat to the security of New Zealand; the threat must be based on objectively reasonable grounds and the threatened harm must be substantial. 2. In carrying out his function under Part 4A of the Immigration Act the Inspector-General of Intelligence and Security is concerned only to determine whether the relevant security criteria - here s 72 and article 33.2 - are satisfied. He is not to determine whether Mr Zaoui is subject to a threat which would or might prevent his removal from New Zealand. To the extent that the above declarations differ from those made by the Court of Appeal, the appeal and the cross-appeal are allowed.
21 June 2005
Case name
Ngahuia Reihana Whanau Trust v Mavis & Earl Flight and Ngahuia Kakahi Reihana Trust.
Case number
SC CIV 20/2004
Summary
Civil appeal - Whether an earlier judgment of the Court of Appeal should have been recalled - Whether the applicant was able, in the earlier hearing, to present adequate arguments in relation to the central legal principle. CA23/03 26 July 2004
Result
Leave to appeal declined. 8 November 2004
Case name
Alison Mary Davidson v ASB Bank Ltd.
Case number
SC CIV 21/2004
Summary
Civil appeal - whether public policy should prevent recovery under an indemnification agreement against a trustee personally when the principal debt is unenforceable against the Trust - whether unenforceable debt falls within indemnification clause. CA95/03 8 October 2004
Result
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed. 9 December 2004
Case name
Calan Healthcare Properties Limited v Richard John Ord and Colleen Mary Fenton.
Case number
SC CIV 22/2004
Summary
Civil appeal - whether the lodging of an updating share transfer, which gives effect to a change of trustee, establishes that "a shareholder is intending to transfer any shares", and thus triggers rights of pre-emption under the appellant's constituion - propoer approach to interpretation of a constitution. CA31/04 CA165/04 7 October 2004
Result
Application for leave to appeal is dismissed. Costs to Respondents of $2,500 plus disbursements to be fixed if necessary by the Registrar. 27 April 2005
Case name
Parsoa Bahramitash v Stish Kumar and Sunila Kumar
Case number
SC CIV 23/2004
Summary
Civil appeal - Conveyancing - Whether the Court of Appeal erred in ordering specific performance - Whether the remedy of specific performance is reserved by clauses 9.5 and 9.7 of the REINZ-ADLS standard form agreement for sale and purchase - Whether clause 4.2(2) provides an exclusive remedy and ousts the application of equitable principles. CA 51/04 8 November 2004
Result
Gault J; Blanchard J. Leave to appeal granted. 3 March 2005 ______________________ Appeal dismissed. Costs to respondent $15,000 plus disbursements. Reasons now added. 30 June 2005
Case name
James Bryson v Three Foot Six Limited
Case number
SC CIV 24/2004
Summary
Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label. CA 246/03 12 November 2004
Result

Gault J; Blanchard J.

Leave to appeal granted.

22 February 2005

_____________________

New Zealand Council of Trade Unions granted Intervener status.

14 March 2005

______________

Business New Zealand granted Intervener status.

16 March 2005

__________________________

The appeal is allowed.

The decision of the Employment Court is restored.

Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions.

16 June 2005

___________________________

Judgment of the Court on Costs issued.

10 August 2005

Case name
W J Clark v The Attorney-General
Case number
SC CIV 25/2004
Summary
Civil appeal against the refusal of an application for interim name suprpession - whether failure to give name suppression amounted to a breach of the New Zealand Bill of Rights Act 1990 or the Convention Against Torture - whether the principle of open justice requires that the applicant's name be publicly available - whether, and to what extent the practice of the United Nations's Committee Against Torture and the right to privacy are relevant to the application.CA 213/04 2 December 2004; 8 December 2004
Result
Leave to appeal refused. 17 February 2005
Leave judgment - leave dismissed
Case name
Henry John Esdaile Nation v Nicola Mary Nation
Case number
SC CIV 26/2004
Summary
Relationship property - whether the determination of the date for assessment of the effect of disposition under s44C Property (Relationships) Act 1976 should be the date of the hearing - whether certain livestock is relationship property - whether a 'put to use' arrangement in respect of livestock can have the status of a property right for the purpose of s10(2) CA 190/03 26 November 2004
Result
21 April 2005

Leave to appeal granted.

8 April 2005

__________________

Notice of abandonment being lodged, the appeal is deemed to be dismissed.

Transcript

Hearing date 5 April 2005

Hearing date : 22 July 2005

Case name
John Hemmes v John Patrick Young
Case number
SC CIV 27/2004
Summary
Family law - whether s16(2) of the Adoption Act 1995 precludes the High Court from issuing a declaration of paternity under s10 of the Status of Children Act 1969 in respect of a child and natural parent where the child has been adopted.
Result

Leave to appeal granted.

8 March 2005

______________

Appeal allowed. All orders made below are set aside. The proceeding is struck out. Costs to the appellant in the total sum of $25,000 to cover all courts plus disbursements.

15 July 2005

Leave judgment - leave granted
Judgment appealed from
CA 33/04 26 November 2004 (note : not available electronically)