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
Big River Paradise Limited v Robin Lance Congreve and others
Case number
SC 21/2008
Summary
Civil Appeal - restrictive covenants – whether the Court of Appeal erred in concluding that the applicant’s proposed development would be a subdivision for the purpose of a restrictive covenant - whether the word “subdivision” in the restrictive covenant should be interpreted with reference to the definition of “subdivision of land” in the Resource Management Act 1991 – whether restrictive covenants should be interpreted purposively – whether the Court of Appeal correctly determined the purpose of the restrictive covenant in this case[2008] NZCA 78 CA 135/06 9 April 2008
Leave judgment - leave dismissed
Dates
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
20 June 2008.
Case name
Carolyn Rochelle Taylor v The Queen
Case number
SC 22/2008
Summary
Criminal – Appeal against conviction on three charges of unlawful possession of airgun, assisting escape from lawful custody and kidnapping – Whether Court of Appeal erred in finding prisoner Appellant assisted to escape (AT) was in lawful custody.[2007] NZCA 318 CA 40/07 27 July 2007
Dates
Notice of abandonment being lodged the application for leave to appeal dismissed.
26 June 2008
26 June 2008
Case name
Mark Moncrieff Stevens and others v Premium Real Estate Limited
Case number
SC 23/2008
Summary
Civil Appeal – Breach of fiduciary duty and Fair Trading Act 1986 – Damages – Advertising and sale of residential property where absence full disclosure by agent to principal of close, ongoing commercial relationship with purchaser – Whether Court of Appeal erred in quantification of damages assessment, including whether correct measure of loss includes profit made by third party (rather than fiduciary) as result of breach of fiduciary duty.[2008] NZCA 82 CA 31/07 11 April 2008
Result
Leave to appeal and cross appeal granted.
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
29 July 2008
________________________
The appellants’ appeal is allowed.The respondent’s appeal is dismissed. The respondent is ordered to pay the appellants damages of $659,813 and to repay to them the commission of $67,050. The judgment sums will bear interest at 7% per annum from 16 July 2004 (the date of settlement).The appellants are awarded costs in this Court of $15,000 and costs in the Court of Appeal of $6,000, together in each case with their reasonable disbursements as fixed by the respective Registrars if not otherwise agreed between the parties.
6 March 2009
Transcripts
- Hearing date 13 November 2008 (PDF, 254 KB)
Media Releases
- media release (PDF, 89 KB)
Leave judgment - leave granted
Substantive judgment
Recall judgment
Case name
Kevin Anthony Lenaghan v The Queen
Case number
SC 24/2008
Summary
Criminal – appeal against conviction – possessing a substance with the intention of using it to produce or manufacture a controlled drug - whether the Court of Appeal erred in concluding that there was adequate evidence to support the jury’s conclusion of possession of a substance – whether the Court of Appeal erred in finding that the trial Judge gave adequate jury directions.
Leave judgment - leave dismissed
LENAGHAN v R SC 24/2008 [21 July 2008] (PDF, 16 KB)
Dates
Application for leave to appeal dismissed.
21 July 2008
21 July 2008
Case name
Ester Slee v Michael Ian Slee
Case number
SC 25/2008
Summary
Civil appeal – family law – Child Support Act 1991 – departure order providing for child support – whether the judgement of the Family Court on 29 September 2005 materially changed the position as determined by its judgment of 18 August 2004 – accordingly, whether the appellant’ s challenge to the retrospective effect of a departure order made by the Family Court on 18 August 2004 was out of time – whether there is an ability to extend time for appeal - if the appeal is not out of time, whether the Family Court’s assessment of the child support for the year ended 31 March 2003 was correct under the Child Support Act 1991.[2008] NZCA 85 CA 205/07 18 April 2008
Leave judgment - leave dismissed
SLEE V SLEE SC 25/2008 [14 August 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed. Costs $2,500 to the respondent.
14 August 2008
Case name
I A Campbell, J Hughes and S C Biss v Craggy Range Vineyard Limited
Case number
SC 26/2008
Summary
Civil Appeal – contract interpretation – agreement for sale and purchase of land - whether the respondent could rely on post-contractual events when interpreting contract – whether a grant of a second water right to the respondent gave rise to a separate liability for payment given the grant was obtained after the respondent had declared the clause relating to water rights to be satisfied.[2008] NZCA 96 CA 254/07 CA 462/07 24 April 2008
Dates
Notice of abandonment being lodged, the application for leave to appeal is deemed to be dismissed.
Case name
M v The Queen
Case number
SC 27/2008
Summary
Criminal – Appeal against conviction and sentence – Sexual offending – Evidence admissibility – Sentencing – Reparation – Whether, given substantial payment of reparation to complainant, Court of Appeal erred in holding sentence of five and a half years imprisonment not excessive – Whether Court of Appeal erred in holding admission of video interview evidence did not give rise to miscarriage of justice.[2008] NZCA 112 CA 540/07 5 May 2008
Leave judgment - leave dismissed
M v R SC 27/2008 [17 July 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
17 July 2008
Case name
Allen Louis Harriman v The Queen
Case number
SC 28/2008
Summary
Criminal – appeal against conviction and sentence – whether the Court of Appeal erred in finding various photographs, and expert evidence about the use of drug terminology, admissible – whether the Judge’ s ‘expert evidence’ direction to the jury was incomplete, because it did not cover the evidence of a defence witness – whether the Judge failed to direct the jury adequately on the effect of the applicant’ s partial guilty plea – whether the sentence was manifestly excessive – application for leave to appeal out of time.[2008] NZCA 53 CA 109/07 11 March 2008
Leave judgment - leave dismissed
HARRIMAN v R SC 28/2008 [7 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
7 August 2008
Case name
Albany Tuhuru Tainui v The Queen
Case number
SC 29/2008
Summary
Criminal – appeal against conviction – charges of sexual violation by unlawful sexual connection – whether the Court of Appeal erred in its approach towards an appeal against juror and Court staff misconduct – whether the Court of Appeal erred in admitting evidence that could be prejudicial to the accused or was propensity evidence. [2008] NZCA 119 CA 653/07 16 May 2008
Leave judgment - leave dismissed
TAINUI v R SC 29/2008 [31 July 2008] (PDF, 15 KB)
Dates
Application for leave to appeal dismissed.
31 July 2008
31 July 2008
Case name
Paul Joseph Cameron v The Queen
Case number
SC 30/2008
Summary
High Court Gisborne CRN 2006 016 00325Criminal appeal – Evidence Act 2006 ss 28, 29 and 30 – admissibility of “scenario evidence” (evidence obtained by an investigative technique whereby police invite a suspect to participate with an undercover police officer in a constructed event designed to simulate criminal activity) – applicant made statements to undercover police officer posing as gang leader that were admitted in Court against him – whether, under s 29(4)(d), a threat, promise or representation must only be taken into account in determining whether a statement was influenced by oppression if it were made by a person in authority – further, whether evidence should be excluded for unreliability or improperly being obtained under s 28 and s 30 respectively.
Leave judgment - leave dismissed
CAMERON v R SC 30/2008 [1 August 2008] (PDF, 14 KB)
Dates
Application for leave to appeal dismissed.
1 August 2008
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