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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
Richina Pacfic Limited v Samson Corporation Limited and AAI Limited (formerley Vero Insurance Limited)
Case number
SC 44/2018
Summary
Civil Appeal – Interpretation of a standard form construction contract – Whether the Court of Appeal erred in dismissing the applicant’ s appeal.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the first respondent.
8 August 2018
High Court decision
RICHINA PACIFIC LTD v AAI LTD (FORMERLY VERO INSURANCE LTD) & ANOR [2017] NZHC 1686 [20 July 2017]
Court of Appeal decision
RICHINA PACIFIC LTD & ANOR v SAMSON CORPORATION LTD [2018] NZCA 132 [1 May 2018]
Leave judgment - leave dismissed
RICHINA PACIFIC LTD v SAMSON CORPORATION LTD [2018] NZSC 72 [8 August 2018] (PDF, 229 KB)
Case name
Bevin Hall Skelton v Charles Michael Howcroft, Daran Nair and Charles Henry Bird
Case number
SC 45/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for extension of time to appeal – Whether the Court of Appeal erred in upholding an order for security for costs in an application for pre-commencement discovery.
Result
The application for leave to appeal is dismissed.   
3 August 2018
High Court decision
SKELTON v HOWCROFT [2017] NZHC 2941 [29 November 2017]
Court of Appeal decision
SKELTON v HOWCROFT [2018] NZCA 140 [7 May 2018]
Leave judgment - leave dismissed
BEVIN HALL SKELTON v CHARLES MICHAEL HOWCROFT [2018] NZSC 67 [3 August 2018] (PDF, 210 KB)
Case name
Philip Claude Tarr v Douglas John Sutcliffe and Terence Sutcliffe and Braden Matson as partners of Frost & Sutcliffe Lawyers
Case number
SC 46/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in striking out the applicant’s claim as an abuse of process.
Result
A  The application for leave to appeal is dismissed.
B  Costs of $2,500 are awarded to the respondents.
31 July 2018
High Court decision
Tarr v Tarr[2014] NZHC 1450
Court of Appeal decision
Sutcliffe & Tarr [2018] NZCA 135
Leave judgment - leave dismissed
PHILIP CLAUDE TARR v DOUGLAS JOHN SUTCLIFFE [2018] NZSC 66 [31 July 2018] (PDF, 245 KB)
Case name
Ruiren Xu and Diamantina Trust Limited v IAG New Zealand Limited
Case number
SC 47/2018
Summary
Civil Appeal – Whether a replacement benefit payable under an insurance policy issued by the respondent was assignable.
Result
A Leave to appeal is granted (Xu v IAG New Zealand Ltd [2018] NZCA 149).
B The approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal against the judgment of Nation J
2 August 2018
_________________________
A The appeal is dismissed.  
B The appellants are to pay costs of $25,000 and reasonable disbursements.
3 July 2019
Transcripts
Media Releases
High Court decision
XU & DIAMANTINA TRUST LTD v IAG NZ LIMITED [2017] NZHC 1964 [17 August 2017]
Court of Appeal decision
XU AND ANOR v IAG NEW ZEALAND LIMITED [2018] NZCA 149 [11 May 2018]
Leave judgment - leave granted
RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2018] NZSC 68 [2 August 2018] (PDF, 184 KB)
Substantive judgment
RUIREN XU AND DIAMANTINA TRUST LIMITED v IAG NEW ZEALAND LIMITED [2019] NZSC 68 [3 July 2019] (PDF, 265 KB)
Case name
Wayne William Smith v The Queen
Case number
SC 48/2018
Summary
Criminal Appeal – Evidence Act 2006, s 76 – Juror misconduct – Whether the Court of Appeal erred in dismissing the applicant’ s application for an order to appoint a special counsel.
Result
The application for leave to appeal is dismissed.
21 August 2018
District Court decision
Not publicly available
Court of Appeal decision
Smith v R [2018] NZCA 158 [18 May 2018]
Leave judgment - leave dismissed
WAYNE WILLIAM SMITH v R [2018] NZSC 77 [21 August 2018] (PDF, 41 KB)
Case name
Robert Hoani Clifford Cribb and Karen Lynne Stevens v FM Custodians Limited
Case number
SC 49/2018
Summary
Civil Appeal – Trespass – Bailment – Whether the Court of Appeal erred in finding the respondent mortgagees were entitled to remove the applicants’ possessions from the property – Whether applicants liable for costs associated with removal and storage.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondent.
9 October 2018
High Court decision
FM CUSTODIANS LIMITED v CRIBB & ANOR [2017] NZHC 1562 [7 July 2017]
Court of Appeal decision
CRIBB AND STEVENS v FM CUSTODIANS LIMITED [2018] NZCA 183 [6 June 2018]
Leave judgment - leave dismissed
ROBERT HOANI CLIFFORD CRIBB AND KAREN LYNNE STEVENS v FM CUSTODIANS LIMITED [2018] NZSC 90 [9 October 2018]  (PDF, 203 KB)
Case name
Jeremy James McGuire v New Zealand Law Society
Case number
SC 50/2018
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal – Whether the Court of Appeal was correct to hold that the issue was whether counsel had properly advised the client about the risk and financial implications of litigation.
Result
A The application for leave to appeal is dismissed.
B Costs of $2,500 are awarded to the respondent.
11 October 2018
High Court decision
MCGUIRE v NEW ZEALAND LAW SOCIETY [2017] NZHC 2484 [11 October 2017]
Court of Appeal decision
MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 184 [6 June 2018]
Leave judgment - leave dismissed
JEREMY JAMES McGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZSC 93 [11 October 2018] (PDF, 34 KB)
Case name
T v The Queen
Case number
SC 51/2018
Summary
Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted. 
Result

Order prohibiting publication of the judgment or any part of the proceedings (including the result) in the news media or on the internet or other publicly available database until final disposition of the retrial. Publication in a law report or law digest permitted.                                                                            

23 October 2018 
Court of Appeal decision
Not publicly available
High Court decision
Not publicly available
Case name
H v Refugee and Protection Officer
Case number
SC 52/2018
Summary
Civil Appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal was right to dismiss the applicant’s appeal.
Result
A The application for leave to appeal is granted (H (CA580/2017) v Refugee and Protection Officer [2018] NZCA 188).
B The approved question is whether the Court of Appeal was right to dismiss the appeal.
24 August 2018
_______________
A The appeal is allowed.
B The order of the High Court dismissing the proceeding is set aside.
C In its place, an order is made declining the respondent’s application to dismiss the proceeding for want of jurisdiction.
D The proceeding is remitted to the High Court for hearing.
E Costs are reserved.
25 February 2019
Transcripts
Media Releases
High Court decision
H v REFUGEE AND PROTECTION OFFICER [2017] NZHC 2160 [7 September 2017]
Court of Appeal decision
H (CA580/2017) v REFUGEE AND PROTECTION OFFICER [2018] NZCA 188 [11 June 2018]
Leave judgment - leave granted
H (SC 52/2018) v REFUGEE AND PROTECTION OFFICER [2018] NZSC 79 [24 August 2018] (PDF, 29 KB)
Substantive judgment
H (SC 52/2018) v REFUGEE AND PROTECTION OFFICER [2019] NZSC 13 [25 February 2019] (PDF, 153 KB)
Case name
Cornelius Hermanus Hendriks v The Queen
Case number
SC 53/2018
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the failure to adduce evidence of the applicant’s lack of previous convictions at trial did not materially diminish the applicant’s prospects of an acquittal – Whether the Court of Appeal erred in finding that the trial Judge’s summing-up on the standard of proof was orthodox.
Result
The application for leave to appeal is dismissed.                                                       25 October 2018
District Court decision
Not publicly available
Court of Appeal decision
H (CA741/2017) v R [2018] NZCA 218 [26 June 2018]
Leave judgment - leave dismissed
CORNELIUS HERMANUS HENDRIKS v R [2018] NZSC 98 [25 October 2018] (PDF, 196 KB)
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