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
Transotway Limited v Iain Bruce Shephard and Christine Margaret Dunphy
Case number
SC 39/2005
Summary
Civil appeal - whether the Court of Appeal arred in concluding that the discharge of a debt by way of set-off through provision of a client list to the applicant was "a payment of money" in terms of s 292(1)(e) of the Companies Act 1993 - whether s 310 of the Companies Act which provides for set-off of mutual debts in liquidation was applicable - whether a substance based approach, which considers the transaction in the context of the agreement as a whole, was applied.
CA 98/04 13 June 2005
Result
Leave to appeal granted
31 August 2005
Leave judgment - leave granted
Substantive judgment
Judgment appealed from
Transcript
Case name
Allistair Patrick Brooker v The Queen
Case number
SC 40/2005
Summary
Appeal against conviction “ disorderly conduct - whether Court of Appeal applied the correct standard for "disorderly conduct" - s4(1)(a) Summary Offences Act “ right to protest. CA 441/03 24 August 2004
Result
Leave to appeal granted.
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
31 August 2005
___________________________
Appeal Allowed. Conviction set aside.
4 May 2007
Transcripts
- Hearing date 7 December 2005 SC 40/2005 (PDF, 362 KB)
Media Releases
- MR [2007] NZSC 30 (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
BROOKER V POLICE SC 40/2005 [4 May 2007] (PDF, 486 KB)
Judgment appealed from
Case name
ANZO Foods Waitara Limited, Itoham New Zealand Limited & Riverlands Limited v Affco New Zealand Limited
Case number
SC 41/2005
Summary
Encumbrance - interpretation - whether certain meat processing activity within terms of encumbrance - competition law - whether encumbrance prohibited by Commerce Act 1986, sections 27 and 28. CA 181/04 23 June 2005
Result
For hearing 26 July 2005 Notice of abandonment being lodged the appeal is deemed to be dismissed.1 August 2005.
Judgment appealed from
Case name
Scott Simeon Thompson v The Queen
Case number
SC 42/2005
Summary
Criminal appeal - appeal against decision of the Court of Appeal - whether the Court erred in dismissing a claim of miscarriage of justice by reason of the complainant’s conduct. CA 445/04 16 June 2005
Result
Leave to appeal granted. 22 September 2005
Media Releases
- mrt (PDF, 79 KB)
Leave judgment - leave granted
Substantive judgment
THOMPSON V R SC 42/2005 [15 February 2006] (PDF, 92 KB)
Transcript
Case name
David Fruean v The Queen
Case number
SC 43/2005
Summary
Criminal Law - “ whether a comment by a trial judge describing portions of an out of court statement as "self-serving" during evidence, necessitates a jury direction that "the whole of a mixed out of court statement is evidence of the facts stated". CA 73/05 22 June 2005
Result
Leave to appeal dismissed. 7 September 2005
Leave judgment - leave dismissed
FRUEAN V R SC 43/2005 [7 September 2005] (PDF, 16 KB)
Case name
Colyn David Stoves v The Queen
Case number
SC 44/2005
Summary
Criminal appeal - whether the Court of Appeal erred in failing to give sufficient weight to the delay between conviction and sentencing in assessing the applicant’s appeal against sentence - whether the Court of Appeal wrongly concluded that the Crown was not obliged to make an application under s 344A of the Crimes Act when advised that the admissibility of certain evidence was to be challenged by the applicant . CA 457/04 24 May 2005
Result
Leave to appeal dismissed. 22 September 2005
Leave judgment - leave dismissed
STOVES V R SC 44/2005 [22 September 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Richard Shane Keenan v The Queen
Case number
SC 45/2005
Summary
Appeal against sentence - possession of a Class A controlled drug - whether Court of Appeal properly assessed starting point in sentencing. CA 425/04 23 June 2005
Result
Leave to appeal dismissed. 7 September 2005
Leave judgment - leave dismissed
KEENAN V R SC 45/2005 [7 September 2005] (PDF, 18 KB)
Judgment appealed from
Case name
Roger John Payne v Jeanette Rosslyn Payne
Case number
SC 46/2005
Summary
Application for injunction to prevent sale of house - whether abuse of process . CA 239/04 CA 63/05 25 May 2005
Result
Application for leave to appeal dismissed 28 July 2005
Leave judgment - leave dismissed
PAYNE V PAYNE SC 46/2005 [28 July 2005] (PDF, 15 KB)
Judgment appealed from
Case name
Neil Martin Clarke v The Queen
Case number
SC 47/2005
Summary
Appeal against summary conviction and sentence - whether a trespass notice issued against the appellant was invalid - whether there was counsel error in the conduct of the appeal to the Court of Appeal. CRI 2003 485 00028 15 April 2004
Result
Leave to appeal dismissed 29 August 2005
Leave judgment - leave dismissed
CLARKE V R SC 47/2005 [29 August 2005] (PDF, 17 KB)
Case name
Richard Geoffrey Bull v The Queen
Case number
SC 48/2005
Summary
Criminal law - whether defence counsel conduct resulted in a miscarriage of justice - whether total sentence of 12 years’ imprisonment was manifestly excessive. CA 143/04 8 November 2004
Result
Leave to appeal dismissed. 8 December 2005
Leave judgment - leave dismissed
BULL v R SC 48/2005 [8 December 2005] (PDF, 19 KB)
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