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.
8 November 2024
Case information summary 2024 (as at 8 November 2024) – Cases where leave granted (126 KB)
Case information summary 2024 (as at 8 November 2024) – Cases where leave to appeal decision not yet made (PDF, 116 KB)
All years
Case name
Crocodile International PTE Limited v Lacoste
Case number
SC 47/2016
Summary
Civil Appeal – Trade Marks Act 2002, s 7(1)(a) – Whether the Court of Appeal erred in its interpretation and application of s 7(1)(a) Trade Marks Act 2002. [2016] NZCA 111 CA607/2014
Result
A Leave to appeal is granted (Crocodile International Pte Ltd v Lacoste [2016] NZCA 111).
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
B The approved question is:
Did the Court of Appeal err in upholding the High Court decision to set aside the order made by the Assistant Commissioner of Trade Marks revoking trade mark 70068?
19 July 2016
_____________
A The appeal is allowed. Registration of trade mark 70068 is revoked from 12 December 1999.
B Costs of $25,000 plus usual disbursements are awarded to the appellant (to be fixed by the Registrar if necessary). We certify for two counsel.
C Costs in the courts below should be set by those courts in the light of this judgment, if they are not able to be agreed.
21 February 2017
Transcripts
- Hearing date 30 August 2016 (PDF, 582 KB)
Media Releases
- MR [2017] NZSC 14 (PDF, 293 KB)
Additional document
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited
Case number
SC 48/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131 CA570/2014
Result
A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
___________________
A The appeal is dismissed.
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary). We certify for two counsel.
14 July 2017
Transcripts
- Hearing date 17 October 2016 (PDF, 601 KB)
Media Releases
- MR [2017] NZSC 111 (PDF, 310 KB)
Employment Court decision
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
H v The Queen
Case number
SC 49/2016
Summary
Criminal appeal – Whether the trial Judge erred in his directions to the jury with respect to reliability, the standard of proof, representative counts and depictions of victims of sexual violence. [2015] NZCA 124 CA533/2014
Result
The application for leave to appeal is dismissed. 15 August 2016
Leave judgment - leave dismissed
H (SC 49/2016) v R [2016] NZSC 103 15 August 2016 (PDF, 132 KB)
Judgment appealed from
H (CA533/2014) v R [2015] NZCA 124 (Stevens, Asher and Williams JJ) not electronically available __
Case name
Malcolm Raymond Clarke v The Queen
Case number
SC 50/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction – Whether the trial Judge ought to have directed the jury that the applicant did not have the burden of proving that the complainant had a motive to lie. [2016] NZCA 91 CA586/2015
Result
The application for leave to appeal is dismissed.
4 July 2016
4 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
Hilary Jane Calvert & HGW Trustees Ltd (as trustees of the Frongopoulos Trust & Anor) & Chris James v Grant Bruce REYNOLDS as liquidator of James Developments Ltd (in liquidation)
Case number
SC 51/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in its interpretation of s 28 of the Limitation Act 1950 – Whether the Court of Appeal erred in its interpretation of the breadth of the discretion under s 301 of the Companies Act 1993 – Whether the Court of Appeal erred in following Mana Property Trustee Ltd v James Development Ltd [2010] NZSC 90. [2016] NZCA 151 CA173/2015
Result
A The application for leave to appeal is dismissed.
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
B The applicants (jointly and severally) must pay costs of $2,500 to the respondent.
9 August 2016
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
T v The Queen
Case number
SC 52/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA438/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA438/2015 not available
Case name
N v The Queen
Case number
SC 53/2016
Summary
Criminal Appeal – Evidence Act 2006, s 30 – Whether the Court of Appeal erred in its conclusion that exclusion of improperly obtained evidence would be disproportionate to the impropriety. [2016] NZCA 148 CA440/2015
Result
The applications for leave to appeal are dismissed. 21 June 2016
Leave judgment - leave dismissed
T (SC 52/2016) v R [2016] NZSC 76 21 June 2016 (PDF, 71 KB)
Judgment appealed from
[2016] NZCA 148 CA440/2015 not available
Case name
Whetu Sonny James Waiwai v The Queen
Case number
SC 54/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in its finding that the jury’s verdict was not unreasonable – Whether the Court of Appeal erred in finding that evidence from a hostile Crown witness was admissible. [2016] NZCA 167 CA603/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
Case name
John Alfred Robinson v The Queen
Case number
SC 55/2016
Summary
Criminal appeal – Evidence Act 2006, s 43(3)(e) – Whether the Court of Appeal erred in its application of the “collusion or suggestibility” criterion in assessing admissibility of propensity evidence under s 43. [2016] NZCA 188 CA375/2015
Result
The application for leave to appeal is dismissed.
13 July 2016
13 July 2016
Leave judgment - leave dismissed
Judgment appealed from
[2016] NZCA 188 CA375/2015 not available _
Case name
AN v Counties Manukau District Health Board
Case number
SC 56/2016
Summary
Civil Appeal – Habeas Corpus Act 2001 – Whether the Court of Appeal erred in not granting habeas corpus – Whether the Court of Appeal erred by making a costs award against the applicant – Whether the Court of Appeal erred by suppressing the applicant’s name.[2016] NZCA 226 CA133/2016
Result
A The application for leave to appeal is dismissed.
B There is no order for costs. 20 June 2016
B There is no order for costs. 20 June 2016
Leave judgment - leave dismissed
Recall judgment
High Court decision
Judgment appealed from
Page 110 of 250