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.
24 June 2024
Case information summary 2024 (as at 21 June 2024) – Cases where leave granted (121 KB)
Case information summary 2024 (as at 21 June 2024) – Cases where leave to appeal decision not yet made (PDF, 125 KB)
All years
Case name
Philip David Sturm v The Queen
Case number
SC 35/2007
Summary
Criminal – appeal against conviction – in relation to appellant’ s conviction for stupefying with intent to facilitate the commission of a crime Court of Appeal held that Crown had to prove not only an intention to facilitate the commission of a crime but also an intention to stupefy – trial directions – whether Court of Appeal erred in finding that trial Judge’s directions were sufficient regarding the intention to stupefy – whether Court of Appeal should have focused on whether directions contained an error of law giving rise to a substantial miscarriage of justice rather than focusing on sufficiency of directions – whether Court of Appeal erred in holding that even if directions were unsatisfactory the appellant was clearly subjectively reckless – whether Court of Appeal erred in finding no error in trial Judge’s direction that the voluntary consumption of drugs and alcohol was irrelevant to stupefying counts – whether Court of Appeal erred in concluding that there was no merit in the suggestion that the verdict on the stupefying count “coloured” the other verdicts.CA 35/2007 4 May 2007
Result
Application for leave to appeal dismissed.
2 August 2007
2 August 2007
Leave judgment - leave dismissed
STURM V R SC 35/2007 [2 August 2007] (PDF, 17 KB)
Judgment appealed from
Case name
Palmiro McDonald v The Queen
Case number
SC 36/2007
Summary
Criminal appeal – Crimes Act 1961, s 339 – exercise of discretion by trial judge to include an lesser charge – whether jury direction effective to cure any prejudice caused by disclosure of inadmissible evidence at trial. CA 356/06 20 April 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
McDONALD v R SC 36/2007 [21 August 2007] (PDF, 22 KB)
Judgment appealed from
Case name
Harvey Douglas White v Auckland District Health Board
Case number
SC 37/2007
Summary
Civil Appeal – leap frog appeal against decision of the Employment Court after the Court of Appeal declined leave to appeal - whether the Employment Court erred in law when it declined to grant a permanent non-publication order in relation to the applicant’s name – whether the Court considered matters for which there was no evidential basis and failed to consider relevant matters – whether the Court erred when it concluded that the applicant had brought the public consequences upon himself – whether the Court failed to ensure that it had up to date information AC 10/7 ARC 52/05 23 February 2007
Result
Application for leave to appeal dismissed. Order preventing publication of the applicants name is lifted. Costs to respondent $2,5000 plus disbursements.
8 August 2007
8 August 2007
Leave judgment - leave dismissed
Case name
Gregory Nielsen and Roderick William Nielsen v Dysart Timbers Limited
Case number
SC 38/2007
Summary
Civil appeal – interpretation of clause in deed of purchase of debt – whether deed extended to companies or entities other than those expressly mentioned in the deed.CA 253/05 22 May 2007
Result
Application for leave to appeal granted.
9 August 2007
_________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
3 June 2009
9 August 2007
_________________________
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
3 June 2009
Leave judgment - leave granted
Judgment appealed from
Number
SC38/2007
Case name
Gustav & Co Limited v MacField Limited
Case number
SC 39/2007
Summary
Civil appeal – unconscionable bargain – contract for sale of commercial land – sole director of applicant company had a terminal illness – contract cancelled by respondent company when full deposit not paid – applicant company sought to recover partial deposit on the basis of unconscionable dealing due to director’s illness – whether the Court of Appeal erred in finding there was no duty to inquire – the extent of knowledge required for such a duty.CA 168/05 24 May 2007
Result
Application for leave to appeal granted.
4 September 2007
4 September 2007
Date of hearing
11 March 2008
Transcripts
- Hearing date 11 March 2008 (PDF, 235 KB)
Media Releases
- mediarelease gustav (PDF, 88 KB)
Court of Appeal decision
Leave judgment - leave granted
Substantive judgment
Case name
Georgina Kain, George Harry Couper Kain, George Charles Kain, George Thomas Carlton Kain and George Michael Kain and others v Jonathan Rhodes Hutton and others
Case number
SC 40/2007
Summary
Civil – dispute between family members over administration of a number of trusts – whether Court of Appeal erred in finding that resettlement of trust assets was valid – validity of exercise of power of appointment – power of advancement – s 41(c) of Trustee Act 1956 – whether appointment and settlement of shares was valid and not a fraud on the power – whether Court of Appeal erred in refusing to order the Second and Third Respondents to account to the trusts for profits made on the purchase of two farms – whether Court of Appeal erred in not finding a serious breach of trust – whether Court of Appeal erred in finding a particular part of consent order to be valid – interests of grandchildren – s 64A of Trustee Act 1956.CA 237/03, CA 271/04, CA 4/05 22 May 2007
Result
Leave to appeal granted.
20 November 2007
Leave judgment - leave granted
Substantive judgment / Media release
Judgment appealed from
Case name
Jason Glen Vincent v The Queen
Case number
SC 41/2007
Summary
Criminal appeal – whether trial lawyer erred in not disclosing, so as not to prejudice jury against appellant, appellant’s previous offending that may be relevant to appellant’s defence of self-defence – whether prosecution’s reference to appellant’s tough reputation had unfairly prejudiced jury against appellant – whether preventive detention justified in circumstances.CA 3/07 CA 481/06 13 June 2007
Result
Application for leave to appeal dismissed.
21 August 2007
21 August 2007
Leave judgment - leave dismissed
VINCENT v R SC 41/2007 [21 August 2007] (PDF, 62 KB)
Judgment appealed from
Case name
KMA v Secretary for Justice
Case number
SC 42/2007
Summary
Civil Appeal – Hague Convention – leap frog appeal against a High Court decision following a Court of Appeal decision refusing leave – whether the High Court erred by upholding a Family Court’s decision ordering two of the applicant’s children be returned to Australia under the Hague Convention – whether the High Court erred by refusing to consider a submission that the respondent acquiesced by taking no steps in relation to the application for four and a half months - application for stay of execution – application to adduce new evidence regarding the financial position of the parties and allegations that the respondent sexually abused another childCA 159/07 5 June 2007; CIv 2006 409 2482 16 March 2007
Result
Application for leave to appeal dismissed.
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Costs reserved.
20 July 2007
______________________
Judgment of the Court on costs issued.
29 August 2007
Leave judgment - leave dismissed
Additional document
Case name
Ben Nevis Forestry Ventures Limited, Bristol Forestry Ventures Limited, Clive Richard Bradbury, Greenmass Limited, Gregory Alan Peebles and Estate of the Late Kenneth John Laird v Commissioner of Inland Revenue
Case number
SC 43/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- ben nevis final pressrelease (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Judgment appealed from
Transcript
Hearing date : 8 February 2008
Hearing date : 23 – 27 June 2008
Elias CJ, Tipping, McGrath Gault, Anderson JJ
Substantive judgment / Media release
Case name
Accent Management Limited, Lexington Resources Limited, and Redcliffe Forestry Ventures Limited v Commissioner of Inland Revenue
Case number
SC 44/2007
Summary
Civil – income tax appeals – designated as test cases by Commissioner – all appellants investors in “Trinity” forestry scheme – whether Court of Appeal erred in upholding Commissioner’s assessments – correct approach to application of Peterson v CIR [2006] 3 NZLR 433 – whether appellants’ investment in scheme a tax avoidance arrangement within meaning of ss BB 9 and BG 1 of the Income Tax Act 1994 – whether insurance premiums required to be spread under accruals rules – whether Commissioner’s power to reconstruct arrangements to eliminate improper tax advantage exercised correctly – whether appellants took an abusive tax position – whether application of penalties to the appellants wrong in law and excessive.CA 21/05 11 June 2007
Result
Application for leave to appeal granted.
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
9 October 2007
_____________________
Appeal dismissed. Costs to the respondent.
19 December 2008
Media Releases
- ben nevis final pressrelease (PDF, 89 KB)
Leave judgment - leave granted
Recall judgment
Supreme court decision
Substantive judgment
Substantive judgment /Media release
Transcript
Hearing date : 8 February 2008
Hearing date : 8 – 10 July 2008
Elias CJ, Blanchard, Tipping, McGrath , Anderson JJ
Judgment appealed from
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