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
Margot Crequer v Chief Executive of the Ministry of Social Development
Case number
SC 69/2014
Summary
Civil Appeal – Civil procedure – Whether the Court of Appeal erred in dismissing the application for an extension of time to file a case on appeal and apply for a hearing date.[2014] NZCA 284 CA 84/2013.
Result
Application for leave to appeal dismissed.
2 September 2014
_______________
Application for recall of judgment dismissed.
6 March 2015
2 September 2014
_______________
Application for recall of judgment dismissed.
6 March 2015
Leave judgment - leave dismissed
Recall judgment
Case name
Jet Trustees Limited v Robert Mark Patrick Dunphy, Greymouth Holdings Limited and others
Case number
SC 70/2014
Summary
Civil Appeal – Companies Act 1993, s 174 – Whether the Court of Appeal erred in upholding the order of the High Court that the appellant sell its shares – Whether the Court of Appeal acted disproportionately by not limiting the relief granted to the minimum extent necessary to address the proven oppression.[2014] NZCA 266 CA 366/2013;
Result
The application for leave to appeal is dismissed. The applicant must pay costs of $2,500 to the first, second, seventh and eighth respondents collectively, plus reasonable disbursements.
9 October 2014
9 October 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
KW v The Queen
Case number
SC 71/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in failing to deal with a number of grounds of appeal – Whether the Court of Appeal erred in not allowing vital evidence to be provided to the Court.[2014] NZCA 241 CA 526/2013
Result
Application for leave to appeal dismissed.
10 September 2014
10 September 2014
Leave judgment - leave dismissed
Not publicly available
Judgment appealed from
not electronically available
Case name
Razdan Rafiq v Google New Zealand Limited
Case number
SC 72/2014
Summary
Civil Appeal – Whether the Court of Appeal erred in failing to dispense with security for costs.[2014] NZCA 320 CA 174/2014
Result
Application for leave to appeal dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the respondent.
17 September 2014
________________________
Application for recall dismissed.
6 November 2014
The applicant is to pay costs of $2,500 plus all reasonable disbursements (to be fixed, if necessary, by the Registrar) to the respondent.
17 September 2014
________________________
Application for recall dismissed.
6 November 2014
Leave judgment - leave dismissed
Recall judgment
Judgment appealed from
Case name
Maythem Kamil Radhi v New Zealand Police
Case number
SC 73/2014
Summary
Criminal Appeal – Immigration Act 1987, ss 142 and 144 – Whether the Court of Appeal erred in finding that “arrival” in New Zealand was not a requirement for an offence to be committed under s 142(fa) of the Immigration Act 1987 – Whether the Court of Appeal erred in finding that it was an offence to attempt to commit the offence set out in s 142(fa) of the Immigration Act 1987 – Whether the Court of Appeal erred in finding that the multiplier provision in s 144(1A) of the Immigration Act 1987 applies to both the fine and the period of imprisonment set out in that section.[2014] NZCA 327 CA 322/2013
Result
Application for leave to appeal is dismissed.
29 September 2014
29 September 2014
Leave judgment - leave dismissed
Case name
Toese Tu’uaga v The Queen
Case number
SC 74/2014
Summary
Criminal Appeal – Whether the Court of Appeal erred in finding that the trial Judge did not fail to put the defence case to the jury – Whether the Court of Appeal erred in finding that there was no risk of a miscarriage of justice in the way in which the defence case as presented by trial counsel was described to the jury.[2014] NZCA 304 CA 82/2014
Result
Application for leave to appeal dismissed.
20 November 2014
20 November 2014
Leave judgment - leave dismissed
TOESE TU'UAGA v R [2014] NZSC 164 [20 November 2014] (PDF, 71 KB)
Judgment appealed from
Case name
Razdan Rafiq v Commissioner of New Zealand Police
Case number
SC 75/2014
Summary
Civil Appeal – Security for costs – Court of Appeal (Civil) Rules 2005, r 35(6) - Whether the Court of Appeal erred in upholding the Registrar’ s decision refusing to dispense with security for costs.[2014] NZCA 321 CA 210/2014
Result
Application for leave to appeal dismissed.
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
The applicant is to pay costs of $2,500 plus all reasonable disbursements to the respondent.
26 September 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
Hakaoro Hakaoro v The Queen
Case number
SC 76/2014
Summary
Criminal Appeal – Sentencing – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely upon an opinion expressed in the probation report that the applicant lacked remorse when there existed independent evidence to the contrary – Whether the Court of Appeal erred in finding that it was open to the District Court Judge to rely solely on the opinion of the probation officer when deciding that home detention would not be granted.[2014] NZCA 310 CA 176/2014
Result
Application for leave to appeal dismissed. 20 November 2014
Leave judgment - leave dismissed
Judgment appealed from
Case name
R v M and others
Case number
SC 77/2014
Summary
Civil Appeal – Whether certain procedural directions should have been made by the Court of Appeal.[2014] NZCA 304 CA 82/2014
Result
The application to file further submissions is declined. The interlocutory application of 1 December 2014 is dismissed.
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Costs of $2,500 are to be paid by the applicant to Ms M.
19 December 2014
______________
A The applications for leave to appeal in SC 77/2014, SC 120/2014, SC 125/2014 and SC 3/2015 are dismissed.
B The application for recall of this Court’s judgment dated 19 December 2014 ([2014] NZSC 189) is dismissed.
C The other interlocutory applications of 12 January 2015 are dismissed.
D Costs of $10,000 are to be paid by the applicant to Ms M (as first respondent in SC 77/2014, SC 125/2014 and SC 3/2015 and second respondent in SC 120/2014).
E Costs of $2,500 are awarded to the Second, Third and Fourth Respondents in SC 77/2014 and SC 125/2014.
27 February 2015
Supreme court decision
N v M [2014] NZSC 189 [19 December 2014] (PDF, 95 KB)
Supreme court decision
N v M [2015] NZSC 15 [27 February 2015 (PDF, 164 KB)
Judgment appealed from
Case name
LFDB v SM
Case number
SC 78/2014
Summary
Civil Appeal – Whether the Court of Appeal applied the wrong standard of review on appeal – Whether the Court of Appeal erred in finding that the injury to the respondent and to the interests of the administration of justice more generally outweighed the injustice to the appellant in being debarred from further participation in the proceedings[2014] NZCA 326 CA 864/2013
Result
The application for leave to appeal is granted (SM v LFDB [2014] NZCA 326).
The approved ground of appeal is whether the Court of Appeal was wrong to allow the appeal.
The Registrar is directed to set down the appeal for hearing as soon as possible during 2014.
25 September 2014
_______________
The application for a stay of the Court of Appeal’s judgment (SM v LFDB [2014] NZCA 326) and for a further direction that copies of documents be provided to the appellant is dismissed.The appellant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
20 November 2014
______________________
Leave to appeal is revoked.
Costs reserved.
5 December 2014
______________________
A The appellant must pay costs of $52,245.63 and disbursements of $1,511.12 in respect of the appeal.
B The appellant must also pay in addition to costs previously ordered, disbursements of $437.30 in respect of the stay application determined by the Court.
31 March 2015
The approved ground of appeal is whether the Court of Appeal was wrong to allow the appeal.
The Registrar is directed to set down the appeal for hearing as soon as possible during 2014.
25 September 2014
_______________
The application for a stay of the Court of Appeal’s judgment (SM v LFDB [2014] NZCA 326) and for a further direction that copies of documents be provided to the appellant is dismissed.The appellant is to pay the respondent costs of $2,500 and reasonable disbursements to be fixed by the Registrar.
20 November 2014
______________________
Leave to appeal is revoked.
Costs reserved.
5 December 2014
______________________
A The appellant must pay costs of $52,245.63 and disbursements of $1,511.12 in respect of the appeal.
B The appellant must also pay in addition to costs previously ordered, disbursements of $437.30 in respect of the stay application determined by the Court.
31 March 2015
Transcripts
- Hearing date 5 December 2014 (PDF, 103 KB)
Leave judgment - leave granted
LFDB v SM [2014] NZSC 131 [25 September 2014] (PDF, 60 KB)
Additional document
Additional document
Additional document
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