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
Specialized Bicycle Components Inc v Sheppard Industries Ltd and Avanti Bicycle Company Ltd
Case number
SC 91/2011
Summary
Civil Appeal – Evidence – Scope of privilege for settlement negotiations or mediation – Whether the Court of Appeal erred in its interpretation and application of s 57 of the Evidence Act 2006 – Whether the Court of Appeal gave proper effect to the mediation agreement and confidentiality agreement between the parties – Whether the Court of Appeal erred in holding that the respondents could adduce particular affidavit evidence and evidence of what occurred during the course of mediation.[2011] NZCA 346 CA 805/2010
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Dates
Leave to appeal is granted.
The approved ground is whether the respondents are precluded by the terms of the mediation agreement and/or the confidentiality agreement from adducing the disputed evidence.
12 October 2011.
Case name
Robert Michael Symons, Gregory John Symons and others v Wiltshire Investments Limited
Case number
SC 92/2011
Summary
Civil Appeal – Appeal against Court of Appeal upholding a summary decision of the High Court – Whether the Court of Appeal erred in finding that the refusal by the respondents to produce critical relevant documents that are in the respondent’s sole possession did not constitute a failure by the respondent to discharge the onus on a summary judgment application to establish that the appellants had no arguable defence – Whether the use of residual discretion to refuse an application for summary judgment under r 12.2 of the High Court Rules was justified – Whether the Court of Appeal erred in holding that the confidentiality can be a valid ground for refusal to disclose relevant documentation to the Court and the defendants in a summary judgment application. [2011] NZCA 397 CA 534/2010
Result
Leave to appeal is granted in relation to the indebtedness associated with Opus Fintek Ltd (in receivership). The approved question is whether the Associate Judge ought to have entered summary judgment despite the non disclosure of the 2009 settlement agreement between Opus Fintek Ltd and Hats Holdings Ltd.
17 November 2011
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A Leave to appeal is extended to cover the indebtedness of Fibroin Initiatives Ltd.
B The appeal is allowed with the result that the entry of summary judgment is set aside but with leave reserved to the respondent to seek summary judgment once it has disclosed the settlement agreement to the appellants.
C The awards of costs in the High Court and Court of Appeal are set aside. 9 August 2012
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17 October 2012:
Judgment recalled and reissued. A Leave to appeal is extended to cover the indebtedness of Fibroin Initiatives Ltd.
B The appeal is allowed with the result that the entry of summary judgment is set aside.
C Upon disclosure of the settlement agreement to the appellants, the application for summary judgment is, at the option of the respondent, to be reheard in the High Court with the appellants at liberty to resist the claim (and, if they think appropriate, produce additional evidence) on the basis of (i) defences associated with, or arising out of the disclosure of the settlement agreement and (ii), subject to the leave of the High Court being obtained, on any other basis. The appellants are also at liberty to make such interlocutory applications to the High Court as they see fit. D The awards of costs in the High Court and Court of Appeal are set aside.
17 November 2011
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A Leave to appeal is extended to cover the indebtedness of Fibroin Initiatives Ltd.
B The appeal is allowed with the result that the entry of summary judgment is set aside but with leave reserved to the respondent to seek summary judgment once it has disclosed the settlement agreement to the appellants.
C The awards of costs in the High Court and Court of Appeal are set aside. 9 August 2012
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17 October 2012:
Judgment recalled and reissued. A Leave to appeal is extended to cover the indebtedness of Fibroin Initiatives Ltd.
B The appeal is allowed with the result that the entry of summary judgment is set aside.
C Upon disclosure of the settlement agreement to the appellants, the application for summary judgment is, at the option of the respondent, to be reheard in the High Court with the appellants at liberty to resist the claim (and, if they think appropriate, produce additional evidence) on the basis of (i) defences associated with, or arising out of the disclosure of the settlement agreement and (ii), subject to the leave of the High Court being obtained, on any other basis. The appellants are also at liberty to make such interlocutory applications to the High Court as they see fit. D The awards of costs in the High Court and Court of Appeal are set aside.
Leave judgment - leave granted
sc 92 2011 symons v wiltshire investments ltd (PDF, 10 KB)
Transcript
Elias CJ, Blanchard, Tipping, McGrath, William Young JJ
Case name
Haiden Davis v The Queen
Case number
SC 93/2011
Summary
Criminal Appeal – Murder – Evidence Act 2006 – Appeal against conviction – Whether trial Judge correct in the circumstances to give “lies direction” to jury under s 124 Evidence Act – Whether trial judge correct in the circumstances to give condensed version of model jury direction on unanimity (“Papadopoulos direction”).[2011] NZCA 380 CA 767/2010
Dates
Application for leave to appeal dismissed.
3 November 2011.
3 November 2011.
Case name
Rodney Mark Gibson and Habode IP Limited v Richard John Curtis and Curtis Holdings Limited
Case number
SC 94/2011
Summary
Civil – Existence of Joint Venture – Jurisdiction – Judicature Act 1908, s66 – Costs – Whether Court of Appeal exceeded its jurisdiction by hearing argument not put in issue in High Court as to existence of joint venture – Whether Court of Appeal made factual findings inconsistent with evidence presented, particularly as to the Australian company Habode Holdings Ltd – Whether Court of Appeal made factual findings for which there was no evidential basis – Whether Court of Appeal misapplied the test for determining imposition of joint venture obligations – Whether correct approach taken to costs. [2011] NZCA 373 CA 368/2010 CA 285/2010
Dates
Application for leave to appeal declined. Costs to respondent $2,500.
Case name
W v The Queen
Case number
SC 98/2011
Summary
Criminal Appeal – Sexual Offences – Evidence Act 2006 – Appeal against conviction – Whether Court of Appeal wrong to uphold admission at trial of expert evidence relating to “counterintuitive” evidence given by child abuse victims– Whether expert evidence met “ substantially helpful” test under s 25 Evidence Act – Whether evidence used in an inappropriately diagnostic way at trial – Whether linking by prosecutor in closing address of expert evidence with circumstances of particular complainant led to unfair trial.[2011] NZCA 191 CA 51/2009
Dates
Application for leave to appeal dismissed.
8 November 2011.
8 November 2011.
Case name
Jay Maui Wallace v The Queen
Case number
SC 99/2011
Summary
Criminal – Appeal against conviction and sentence – Whether trial was conducted unfairly resulting in a miscarriage of justice – Whether the High Court had jurisdiction to convict – Whether bail should be granted pending determination of the appeal. [2011] NZCA 424 CA 471/2011
Dates
Application for leave to appeal dismissed.
18 October 2011.
18 October 2011.
Case name
SNC v The Queen
Case number
SC 101/2011
Summary
Criminal Appeal – Evidence Act 2006 – Admissibility of evidence “improperly obtained” by police pursuant to a warrantless search – whether the Court of Appeal erred in upholding the District Court Judge’ s decision to admit the evidence in exercise of the balancing test required by subs 30(2) of the Act – whether the Court of Appeal failed to give sufficient weight to and/or erred in its assessment of the listed factors in paras 30(3)(a), (b) and (d) of the Act – whether the Court of Appeal gave too much weight to the importance of the evidence to the case of the prosecution[2011] NZCA 402 CA 191/2010
Dates
Application for leave to appeal dismissed.
18 October 2011.
18 October 2011.
Case name
Luaiava Fagalilo v Seneti Time
Case number
SC 102/2011
Summary
Civil Appeal – Trusts – The Green Valley Church Assembly formed in 1984 and was formally affiliated with Assemblies of God in New Zealand Incorporated (AOGNZ) – The church set up a trust to own their church property in 1985 – The Trust Deed specified that trustees could not act inconsistently with the AOGNZ Constitution and Rules – The Constitution stated that no member church could also hold a certificate of membership with another organised body with a distinct constitution – A schism in the church occurred in 2005 when the Samoan Assemblies of God New Zealand (SAOG), which some church members were affiliated with, incorporated – Trustees who were affiliated with the SAOG were not acting in accordance with the Trust Deed – Appeal against the decision of the Court of Appeal requiring an election by the members of the church affiliated with the AOGNZ of persons to be nominated as trustees – Whether the Court of Appeal erred by effectively giving full control of church property to members affiliated with the AOGNZ – Whether the Court of Appeal erred in not obliging the respondent to enter into dialogue aimed at settlement of the parties’ differences – Whether the Court of Appeal erred by failing to consider the existence of constructive trusts whereby the Trust Board holds its assets in trust for the people who paid for them or otherwise contributed to them since acquisition. [2010] NZCA 402 CA 191/2010
Dates
The application for leave to appeal is dismissed with costs payable by the applicant to the respondent of $2,500.
16 April 2012.
16 April 2012.
Case name
Vincent Ross Siemer v Michael Peter Stiassney and Korda Mentha
Case number
SC 103/2011
Summary
[Civil Appeal – Injunctions – Strike-out – Applicant applied to set aside, rescind and/or vary injunction – Whether Court of Appeal had jurisdiction to strike out applicant’s appeal as vexatious and an abuse of process without first hearing from the parties. [2011] NZCA 466 CA 262/2011
Dates
The application for leave to appeal is dismissed with costs of $2,500 to the respondents.
3 October 2011.
Case name
FCM v Refugee Status Appeals Authority and Chief Executive of the Department of Labour
Case number
SC 105/2011
Summary
Civil – declining to review amount of security for costs fixed by Court of Appeal registrar.[2011] NZCA 441 CA 653/2010
Leave judgment - leave dismissed
Dates
Application for leave to appeal is dismissed.
24 November 2011.
24 November 2011.
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