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
C v The Queen
Case number
SC 75/2017
Summary
Criminal Appeal – Evidence Act 2006, s 44 – Whether Court of Appeal erred in upholding a pre-trial ruling that evidence of sexual experience was not admissible.
Result
The application for leave to appeal is dismissed.
District Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
Sonsram Trustee Limited and Arjun Sami v Harrison Grierson Consultants Limited
Case number
SC 76/2017
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay costs of $2,500 to the respondent. 12 September 2017
B The applicants are to pay costs of $2,500 to the respondent. 12 September 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Zhitong Li v The Queen
Case number
SC 77/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the jury’s verdict at the applicant’s trial was not unreasonable – Whether the Court of Appeal erred in holding that the trial Judge did not need to give a specific direction on drawing inferences.
High Court decision
Leave judgment - leave dismissed
ZHITONG LI v R [2017] NZSC 148 [4 October 2017] (PDF, 32 KB)
Judgment appealed from
Case name
Richard Frederick Eilenberg v Linda Alejandra Garcia Lourdes-Gutierrez
Case number
SC 78/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding a High Court decision to enforce a foreign judgment for child and spousal maintenance
Result
A The application for leave to appeal (Eilenberg v Lourdes Gutierrez [2017] NZCA 270) is granted in part.
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017
_______________________________________
A Notice of Abandonment having been filed the appeal is deemed to be dismissed.
22 October 2019
B The approved questions are:
(a) Does pt 8 of the Family Proceedings Act 1980 implicitly exclude the inherent jurisdiction of the High Court to enforce a judgment from Mexico?
(b) Would enforcement of the Mexican judgment be contrary to public policy?
C The application for leave to appeal is otherwise dismissed.
26 September 2017
_______________________________________
A Notice of Abandonment having been filed the appeal is deemed to be dismissed.
22 October 2019
High Court decision
Court of Appeal decision
Leave judgment - leave granted
Case name
Z v The Queen
Case number
SC 79/2017
Case name
A v The Queen
Case number
SC 80/2017
Summary
Criminal Appeal – Appeal against conviction – New Zealand Bill of Rights Act 1990, s 25 – Criminal Procedure Act 2011, s 232 – Whether the Court of Appeal erred in finding there was no miscarriage of justice.
Result
The application for leave to appeal is dismissed. 6 September 2017
District Court decision
Not publicly available
Leave judgment - leave dismissed
Judgment appealed from
Case name
Y & P New Zealand Limited v Yang Wang and Chen Zhang
Case number
SC 81/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the respondents had a caveatable interest in the appellant’s properties.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondents.
22 August 2017
B The applicant must pay costs of $2,500 to the respondents.
22 August 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
Peter Brent Home Hubbard and Harley Haynes, and Oceanic Palms Limited v Kiwirail Limited
Case number
SC 82/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in upholding a decision of the High Court declining the applicants’ application for relief against forfeiture of a lease.
Result
A The application for leave to appeal is dismissed.
B The application for a stay is dismissed.
C Costs of $2,500 are awarded to the respondent.
6 October 2017
B The application for a stay is dismissed.
C Costs of $2,500 are awarded to the respondent.
6 October 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
ESR Group (NZ) Limited v Ian James Burden, Plantation Grown Timbers (International) Limited and Plantation Grown Timbers (Vietnam) Limited
Case number
SC 83/2017
Summary
Civil Appeal – Copyright Act 1994, ss 35, 120 and 232 – Whether the Court of Appeal erred in holding that the second and third respondents were entitled to enforce copyright in New Zealand – Whether the Court of Appeal erred in holding that the applicant infringed copyright by importation.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $4,500 and reasonable disbursements to the respondents. 20 November 2017
B The applicant is to pay costs of $4,500 and reasonable disbursements to the respondents. 20 November 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Transcript civil leave application hearing
Case name
Joanne Mihinui,Matatahi Mihinui and Tania Mihinui v Attorney General for the Ministry of Education and Westerman Property Solutions Limited
Case number
SC 84/2017
Summary
Civil Appeal – Residential Tenancies Act 1986 – Whether the Court of Appeal erred in declining leave to appeal in respect of a possession order made by the Tenancy Tribunal – Whether the Supreme Court has jurisdiction to hear appeal.
Result
A The application for an extension of time is granted.
B The applications for leave to appeal and for a stay are dismissed.
C The applicants must pay costs of $2,500 to the first respondent. 10 October 2017
B The applications for leave to appeal and for a stay are dismissed.
C The applicants must pay costs of $2,500 to the first respondent. 10 October 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
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