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
S v The Queen
Case number
SC 148/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.CA 539/2014 [2016] NZCA 575
Result
A The application for leave to appeal is dismissed.
B Order prohibiting publication of name, address, occupation or identifying particulars of applicant remains in force pending final disposition of charges he faces in a different criminal proceeding. 4 April 2017
B Order prohibiting publication of name, address, occupation or identifying particulars of applicant remains in force pending final disposition of charges he faces in a different criminal proceeding. 4 April 2017
Leave judgment - leave dismissed
S (SC 148/2016) v R [2017] NZSC 43 4 April 2017 (PDF, 89 KB)
Judgment appealed from
S (CA539/2014) v R [2016] NZCA 575 (Wild, French and Simon France JJ) not available online
Case name
Bushby v The Queen
Case number
SC 149/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in declining application for a non-party disclosure hearing. [2016] NZCA 527 CA 174/2015
Result
A notice of abandonment having been filed the appeal is deemed to be dismissed. 10 April 2017
Judgment appealed from
Case name
Fonterra Co-operative Group Limited v McIntyre and Williamson Partnership & Ors
Case number
SC 150/2016
Summary
Civil appeal – s 106 Dairy Industry Restructuring Act 2001 - Whether the Court of Appeal erred in finding that the respondents were “new entrants” for the purpose of s 106 – Whether the Court of Appeal erred in finding that the appellant breached s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents.CA 736/2015 [2016] NZCA 538
Result
A The application for leave to appeal is granted (Fonterra Co Operative Group Ltd v McIntyre and Williamson Partnership [2016] NZCA 538).
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
__________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
B The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative:
(a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001?
(b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
10 April 2017
__________________
A The appeal is dismissed.
B The appellant is to pay the respondents costs of $30,000 and reasonable disbursements to be determined by the Registrar if necessary. We allow for second counsel.
21 December 2017
Transcripts
- Hearing date 27 - 28 July 2017 (PDF, 1.1 MB)
Media Releases
- MR [2017] NZSC 197 (PDF, 289 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Jay Maui Wallace (AKA Abdullah Maui Warahi) v Chief Executive of the Department of Corrections
Case number
SC 151/2016
Summary
Civil appeal – Whether the Court of Appeal erred in declining to grant a writ of habeas corpus. [2016] NZCA 602 CA 622/2016
Result
The application for leave to appeal is dismissed. 1 February 2017
High Court decision
Leave judgment - leave dismissed
Case name
Michael Kristian Olsen v The Queen
Case number
SC 152/2016
Summary
Criminal Appeal – Whether the Court of Appeal erred in rejecting the applicant’s claim of trial counsel error – Whether fresh evidence undermines the safety of the applicant’s conviction. [2016] NZCA 256 CA632/2014
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed. 2 March 2017
B The application for leave to appeal is dismissed. 2 March 2017
Leave judgment - leave dismissed
MICHAEL KRISTIAN OLSEN v R [2017] NZSC 18 2 March 2017 (PDF, 132 KB)
Judgment appealed from
Case name
Kamal Singh v The Queen
Case number
SC 153/2016
Summary
Criminal Appeal – Evidence Act 2006, s 44 – Whether the Court of Appeal erred in its application of s 44. CA 197/2016 [2016] NZCA 552
Result
The application for leave to appeal is dismissed.
24 March 2017
24 March 2017
Leave judgment - leave dismissed
KAMAL SINGH v R [2017] NZSC 37 [24 March 2017] (PDF, 89 KB)
Judgment appealed from
Case name
Oraka Technologies Limited, Oraka Graders Limited and Michael William Schwarz v Napier Tool & Die Limited, Geostel Vision Limited and Paul Daynes and Gordon Robertson
Case number
SC 154/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in finding that compensatory damages for breach of copyright could not be awarded to the applicant. CA 304/2016 [2016] NZCA 554
Result
A notice of abandonment having been lodged, the application for leave to appeal is deemed to be dismissed.
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
20 February 2017
_______________________________
The applicants are jointly and severally liable to pay costs of $750 to the first respondent and $750 to the second and third respondents, that is, $1,500 in total.
26 May 2017
Judgment appealed from
Judgment (as to costs)
Case name
Duncan John Napier and Sara Ann Napier v Torbay Holdings Limited and Torbay Rest Home Limited
Case number
SC 155/2016
Summary
Civil Appeal – Restitution – Whether the Court of Appeal erred in finding that the applicants were liable for money had and received – s 161 Employment Relations Act 2000 – Whether the Court of Appeal erred in finding that an action for negligence did not fall within the exclusive jurisdiction of the Employment Relations Authority.CA 647/2015 [2016] NZCA 608
Result
A notice of abandonment having been filed the appeal is deemed to be dismissed. 06 April 2017
Case name
W v The Family Court at North Shore and The Chief Executive of the Ministry of Social Development
Case number
SC 156/2016
Summary
Civil Appeal – Whether the High Court erred in dismissing the applicant’ s application for judicial review of a Family Court Minute discharging a restraining order.CIV 2014-404-001670 [2014] NZHC 2483
Result
A The application for an extension of time to appeal is dismissed.
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
B Costs of $2,500 are awarded to the second respondent. 17 March 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Lynda Rose Barry v Francis Carlisle
Case number
SC 157/2016
Summary
Civil Appeal – Whether the Court of Appeal erred in declining an application for specific performance.CA 446/2015 [2016] NZCA 551
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
B The applicant is to pay costs of $2,500 to the respondent.
4 May 2017
Court of Appeal decision
Leave judgment - leave dismissed
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