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
Stephen Leslie Jellyman v The Queen
Case number
SC 112/2009
Summary
Criminal Appeal – whether the sentence of preventive detention was manifestly excessive; Whether the appellant’s right to silence and right against self-incrimination were breached by admitting the appellant’ s videotaped statement to police; Whether the complainant, who was intellectually disadvantaged, understood either the oath or the moral or legal consequences of not telling the truth and thereby occasioning a miscarriage of justice; Whether the complainant’s unsworn evidence was admissible.[2009] NZCA 532 CA 6/2009 12 November 2009
Result
Application for leave to appeal dismissed.
12 March 2010
12 March 2010
Leave judgment - leave dismissed
JELLYMAN v R SC 112/2009 [12 March 2010] (PDF, 14 KB)
Case name
Slawomir Ryszard Bujak v The Minister of Justice
Case number
SC 113/2009
Summary
Civil Appeal – Extradition – Judicial Review – Whether Court of Appeal erred in finding Minister not obliged to take account of the appellant’s state of health and humanitarian concerns raised on appellant’ s behalf in making his decision under s 30 of the Extradition Act 1999 and Art 1 of the Extradition Treaty between Poland and New Zealand – Whether Court of Appeal gave inappropriate weight to evidence of appellant’s doctor and erred in concluding appellant’s ailments were not a basis on which to stop or delay an extradition.[2009] NZCA 570 CA 719/2009 4 December 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the respondent. 11 February 2010
Leave judgment - leave dismissed
Judgment appealed from
Case name
Contract Pacific Limited v Commissioner of Inland Revenue
Case number
SC 114/2009
Summary
Civil Appeal – Taxation – Whether the Commissioner satisfied the time limits contained in s 46 of the Goods and Services Tax Act 1985 – Whether Contract Pacific had already been paid a refund for the purposes of s 241 (6) (a) of the Taxation (Taxpayer Assessment and Miscellaneous Provisions) Act 2001. [2009] NZCA 568 CA 759/2009 4 December 2009
Result
Application for leave to appeal granted.
4 March 2010
__________________________
Appeal dismissed. Costs $15,000 to the respondent, plus disbursements.
16 November 2010
4 March 2010
__________________________
Appeal dismissed. Costs $15,000 to the respondent, plus disbursements.
16 November 2010
Transcripts
- sc 114 2009 contract pacific v ird (PDF, 384 KB)
Media Releases
- sc 114 2009 contract pacific media (PDF, 85 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Garry Maui Isherwood v The Queen
Case number
SC 115/2009
Summary
Criminal – Appeal against conviction and sentence – Administering a Class B drug and sexual violation – Whether miscarriage of justice – Incompetence of trial counsel – Whether Court should admit new evidence.CA 182/2004 14 March 2005
Result
Application for leave to appeal dismissed. 9 February 2010
Leave judgment - leave dismissed
Isherwood v R SC 115/2009 [9 February 2010] (PDF, 10 KB)
Case name
Matthew John Birchler v New Zealand Police
Case number
SC 116/2009
Summary
Criminal – appeal directly from the High Court under s 144A(1)(a) of the Summary Proceedings Act 1957 – intended appeal against the determination of the High Court by way of case stated under s 107 of the Summary Proceedings Act – whether direct appeal to the Supreme Court appropriate given that the Court of Appeal has previously refused leave to appeal on this point on the basis that there were no grounds for challenge to the well established interpretation of s 108 of the Summary Proceedings Act in Davis v Mingins (HC, Rot, AP 48/91, 30/10/91, Fisher J). CRI 2009 485 83 25 November 2009
Result
Application for leave to appeal granted.
18 March 2010
_____________________________
Appeal allowed. Order made in the High Court remitting the matter for consideration in the District Court is quashed.
Reasons to be given later.
Leave judgment - leave granted
Substantive judgment / Media release
Transcript
Case name
Johnathan Brian Irvine and others v John Douglas Wilson and others
Case number
SC 117/2009
Summary
Civil appeal – trusts and trustees – whether second and third appellants, when signing as trustees, can be personally liable under the Trust Deed – whether there was a breach of the Shareholders Agreement due to the failure to get Special Resolutions for significant borrowings and costs as required by the Business Plan specified in the Shareholders Agreement – whether there was a breach of the major transaction requirements of the Companies Act 1993 – additionally, estoppel argument raised for the first time in the Court of Appeal – whether the Court of Appeal erred in failing to provide the appellants the opportunity to consider or provide evidence in opposition to this point.[2009] NZCA 569 CA 232/2009 7 December 2009
Leave judgment - leave dismissed
Dates
Application for leave to appeal dismissed. Costs $2,500 to respondents.
18 March 2010
Judgment appealed from
Case name
Douglas John Williamson and John Blackwood Williamson v Selwyn District Council
Case number
SC 118/2009
Summary
Civil Appeal – security for costs – strike-out – summary judgment – Appeal against strike-out by Court of Appeal – appellants’ failure to pay security for costs – Appeal against application in High Court by Selwyn District Council (SDC) to recover possession of land – Appellants refused to vacate land on expiry of 3-year lease agreement as part of sale and purchase agreement of land to SDC – Whether sale and purchase agreement and lease void because SDC exerted duress/undue influence or obtained unconscionable bargain in abuse of dominant bargaining position, or acted in breach of Local Government Act 1974 – Whether the SDC breached Resource Management Act 1991 in obtaining non-notified resource consent – Whether lawyers acted in conflict of interest between appellants and SDC councillor and breached fiduciary duty – Whether appellants waived conflict of interest with informed consent.[2008] NZCA 147 CA 662/2007 5 June 2008
Result
Application for leave to appeal dismissed. 23 February 2010
Leave judgment - leave dismissed
Supreme court decision
Judgment appealed from
Case name
Tere Moana Purea V Alan Stanley Perkins and Adrienne Rosemary Perkins
Case number
SC 119/2009
Summary
Civil appeal - Land Transfer Act 1952 – cross-appeal - the respondents sued for specific performance after the appellant failed to settle a house purchase due to a dispute with his daughter (Mrs Tangi-Tuake) over ownership which resulted in her lodging a caveat against the title of the property – whether the Court of Appeal determination that the finding of Asher J on the facts that it was supported by evidence that there was an agreement that in return for Mr Purea’s daughter taking responsibility for the mortgage and any outgoings and maintenance of the property, ownership would be transferred to her on repayment of then mortgage, was erroneous – whether the Court of Appeal erred in failing to consider that Asher J treated his finding of a constructive trust as if it was an express trust and gave no recognition of the Tangi-Tuakes’ interest in the property – whether the Court of Appeal decision is supported by the Tangi-Tuakes’ pleadings and in particular the way in which their pleadings have changed.[2009] NZCA 541 CA 365/2008 18 November 2009
Result
Application for leave to appeal dismissed. Costs $2,500 to the 2nd Respondent.
Leave judgment - leave dismissed
Judgment appealed from
Case name
The Attorney-General of New Zealand v Mervyn Chapman
Case number
SC 120/2009
Summary
Civil – Crown liability for judicial breaches of the New Zealand Bill of Rights Act 1990 – Whether the Court of Appeal erred in law by holding that the Attorney-General is the correct defendant in an action alleging breaches of the New Zealand Bill of Rights Act 1990 by a Registrar and judges of the Court of Appeal – If not, whether the Court of Appeal erred in law by holding that the Attorney-General is not entitled to the same immunities as the person who committed the alleged breaches.[2009] NZCA 552 CA 245/2008 25 November 2009
Result
Application for leave to appeal granted. The approved ground is whether Bill of Rights damages can be ordered against the Attorney-General on behalf of the Crown for breach of fair trial rights by judicial conduct in respect of which the judicial officer is immune from liability.
31 March 2010
31 March 2010
Transcripts
- Hearing date 6 December 2010 SC 120/2009 (PDF, 782 KB)
Media Releases
- MR [2011] NZSC 110 (PDF, 108 KB)
Leave judgment - leave granted
Substantive judgment
Case name
Janice Mary Menere v Jackson Mews Management Limited
Case number
SC 121/2009
Summary
Civil Appeal – Property Law Act 1952, s 81 – Property Law Act 2007, s 97 – Unit Titles – Mortgages – Whether relevant form of encumbrances can ever be discharged - Whether encumbrances in question ought to be discharged – Whether Court of Appeal was wrong to decide that the rights of the intended appellant to redemption under s 81 of the Property Law Act 1952 had been taken away by the repeal of the Act.[2009] NZCA 563 CA 690/2009 27 November 2009
Result
Application for leave to appeal dismissed. 16 April 2010
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
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