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.
27 September 2024
Case information summary 2024 (as at 27 September 2024) – Cases where leave granted (127 KB)
Case information summary 2024 (as at 27 September 2024) – Cases where leave to appeal decision not yet made (PDF, 120 KB)
All years
Case name
Victor Stojanovich v The Queen
Case number
SC 62/2009
Summary
Criminal appeal – convictions for sexual violations by rape and unlawful sexual connection – appeal based on conduct of defence counsel and alleged deficiencies in the trial process – whether the appellant was denied the right to a fair trial – whether the Court of Appeal erred in finding that the failure of trial counsel to cross-examine the complainant on inconsistencies between her evidence at trial, her statement to the Police and evidence at first trial did not amount to a miscarriage of justice – whether the Court of Appeal erred in finding that the trial judge’s direction on consent did not amount to a miscarriage of justice.[2009] NZCA 210 CA 427/2008 27 May 2009
Result
Application for leave to appeal dismissed.
27 August 2009
27 August 2009
Leave judgment - leave dismissed
STOJANOVICH V R SC 62/2009 27 August 2009 (PDF, 12 KB)
Case name
Kobina Bertum Dadzie v The Queen
Case number
SC 63/2009
Summary
Criminal – Appeal against conviction and sentence – Whether appellant denied any due process right in raising counsel incompetence claims – Whether substantial miscarriage of justice established.[2009] NZCA 261 CA 121/2009 23 June 2009.
Result
Application for leave to appeal dismissed. 26 August 2009
Leave judgment - leave dismissed
Case name
Slawomir Ryszard Bujak v The District Court at Christchurch and The Republic of Poland
Case number
SC 64/2009
Summary
Civil – extradition - whether Court of Appeal erred in refusing to admit new evidence – whether Court of Appeal erred in determining that by joining an extradition Treaty New Zealand has accepted that the court system in the partner state is robust enough to grant a fair trial – whether the Court of Appeal erred in determining that comity interest must be balanced against, and could somehow trump, an individual’s liberty rights – whether the Court of Appeal erred in deciding that the ‘ copies’ provided by the second respondent sufficed for extradition from New Zealand purposes – whether the Court of Appeal erred in determining that the requisite authentication procedures were followed and that the evidence against the Appellant was not hearsay – whether the Court of Appeal failed to consider relevant case law provided by counsel. [2009] NZCA 257 CA 678/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Any application for costs to be made within 10 working days.
15 September 2009
________________
Order for costs to the 2nd respondent in the sum of $2,000.
15 October 2009
15 September 2009
________________
Order for costs to the 2nd respondent in the sum of $2,000.
15 October 2009
Leave judgment - leave dismissed
Additional document
Case name
Lewtyn Michael Scott v Rosemary Ann Scott and others
Case number
SC 65/2009
Summary
Civil – Whether the Court of Appeal erred in its exercise of discretion declining the application for grant of an extension under r 43 of the Court of Appeal (Civil) Rules 2005 – Whether the Court of Appeal was entitled to make that decision in the absence of the applicant or his counsel.[2009] NZCA 255 CA 634/2008 19 June 2009.
Result
Application for leave to appeal dismissed. Costs of $7,500 and disbursements to the respondents. 29 October 2009
Court of Appeal decision
Leave judgment - leave dismissed
Transcript
Case name
Maia Rongonui v The Queen
Case number
SC 66/2009
Summary
Criminal – Evidence Act 2006 – Mr Rongonui was convicted of one count of sexual violation by unlawful connection and one of assault with intent to commit rape – whether the Court of Appeal erred in holding that the complainant’s evidence that she had told her friend what occurred after the incident did not fall within s 35 of the Evidence Act dealing with previous consistent statements because evidence was not given of anything actually said by the complainant – whether the Court of Appeal erred in holding that the District Court Judge was correct to allow the prosecutor to use a witness statement to refresh the memory of a witness and to allow cross-examination of the witness on the grounds of hostility[2009] NZCA 279 CA 736/2008 2 July 2009
Result
Application for leave to appeal granted.
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
21 September 2009
___________________________
Appeal allowed, convictions set aside. Order for new trial. Reasons to be given at a later date. 2
7 November 2009
_____________________________
Reasons given 23 July 2010
Transcripts
- Hearing date 19 November 2009 (PDF, 504 KB)
Media Releases
- media release rongonui 23 july new release (PDF, 83 KB)
Leave judgment - leave granted
Rongonui v R SC 66/2009 [21 September 2009] (PDF, 9 KB)
Substantive judgment
RONGONUI v R SC 66/2009 [27 November 2009] (PDF, 170 KB)
Case name
John Carr Laidlaw and Carol Anne Laidlaw v Geoffret Francis Parsonage and Timothy John Goulding
Case number
SC 67/2009
Summary
Civil appeal – contract law - Whether a nominee is entitled to enforce a contract; Whether the phrase "or nominee" is a sufficient designation for purposes of s 4 of the Contracts (Privity) Act 1982.[2009] NZCA 291 CA 304 /2008 9 July 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondents. 21 September 2009
Leave judgment - leave dismissed
Case name
K v The Queen
Case number
SC 68/2009
Summary
Criminal – Sexual Offending – Rape – Evidence – Admissibility – recent complaint and hearsay evidence – Appeal against conviction – Whether substantial miscarriage of justice established – Whether Court of Appeal erred in concluding (1) that the trial Judge’ s directions on admissible evidence were adequate; (2) that there was sufficient evidence of penetration; (3) That the evidence of the complainant’s sister was not inadmissible recent complaint evidence; (4) That expert evidence relating to a summary of facts was inconsequential; (5) That it was unnecessary for the trial Judge to give a reliability direction in light of the evidence of intoxication; (6) that the trial Judge correctly ruled on the inadmissibility of two recorded telephone calls.[2009] NZCA 307 CA 664 /2008 16 July 2009
Result
Application for leave to appeal dismissed. 20 October 2009
Leave judgment - leave dismissed
K (CA 644/2008) V R SC 68/2009 20 October 2009 (PDF, 43 KB)
Case name
Vincent Ross Siemer v Michael Peter Stiassney and Korda Mentha
Case number
SC 69/2009
Summary
Civil Appeal – natural justice – orders were made in the High Court against the applicant, the publisher of several websites, in respect of a defamation claim – whether the High Court judge was correct to allow an amended statement of claim to be filed and proceed to an ex parte hearing on 8 October 2008 – whether the High Court judge erred in awarding the respondent $940,000 in damages plus costs and issuing a permanent injunction against the applicant prohibiting several defamatory publications – whether the High Court judge misrepresented evidence in finding against the applicant.Civ 2005 404 001808 23 December 2009
Result
Notice of abandonment being lodged, the application is deemed to be dismissed
Case name
Ralph Lindsay Brunie v The Queen
Case number
SC 70/2009
Summary
Criminal appeal – appeal against sentence – convictions for sexual offending – whether the sentence of six years imprisonment (reduced from seven years by the Court of Appeal) was manifestly excessive[2009] NZCA 300 CA 199/2009
Result
Application for leave to appeal dismissed.
7 October 2009
7 October 2009
Leave judgment - leave dismissed
BRUNIE V R SC 70/2009 7 October 2009 (PDF, 12 KB)
Case name
Conway Lewis and Johanna Lewis v Karen Betty Mason and Jeffrey Philip Meltzer as Liquidators of Global Print Strategies Limited (in Liquidation)
Case number
SC 71/2009
Summary
Civil – liquidation under s 301 of Companies Act 1993 – whether liabilities of a company in liquidation arising post-liquidation should be included in calculating the compensation payable under s 301 – whether the Court of Appeal adopted the correct legal approach in considering the issue of causation in respect of an order under s 301 – whether the Court of Appeal erred in considering the issues of culpability in respect of an order under s 301.[2009] NZCA 306 CA 676/2008 20 July 2009
Result
Application for leave to appeal is dismissed, with costs of $2,500 to the respondents.
14 October 2009
14 October 2009
Leave judgment - leave dismissed
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