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
Gary Owen Burgess v Malley & Co
Case number
SC 105/2017
Summary
Civil Appeal – Breach of duties owed by lawyer to client – Whether Court of Appeal erred in dismissing the applicant’s claim against his former lawyers.
Result
A The application for leave to appeal is dismissed.
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
B The applicants must pay costs of $2,500 to the respondents.
27 November 2017
High Court decision
Leave judgment - leave dismissed
Judgment appealed from
Case name
B v The Queen
Case number
SC 106/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against conviction.
Result
The application for leave to appeal is dismissed
1 December 2017
High Court decision
Not publicly available
Judgment appealed from
Not publicly available
Case name
Da (David) Jiang Fan v The Queen
Case number
SC 107/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the City of Auckland Operative District Plan 1999 – Whether the Court of Appeal erred in dismissing the applicant’s appeal against sentence.
Result
The application for leave to appeal is dismissed. 6 December 2017
Leave judgment - leave dismissed
DA JIANG FAN v R [2017] NZSC 184 [6 December 2017] (PDF, 86 KB)
Judgment appealed from
Case name
Anthony Harry De Vries v Bartercard Exchange Limited
Case number
SC 108/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to waive the filing fee for the appeal – Whether the Court of Appeal erred in dismissing an application for review of the Deputy Registrar’s decision not to dispense with security for costs.
Result
A The application for leave to appeal is dismissed.
B The applicant must pay costs of $2,500 to the respondent.
11 December 2017
____________________________
The application for recall is dismissed.
2 February 2018
B The applicant must pay costs of $2,500 to the respondent.
11 December 2017
____________________________
The application for recall is dismissed.
2 February 2018
Leave judgment - leave dismissed
Recall judgment
High Court decision
Case name
George Charlie Baker v The Queen
Case number
SC 109/2017
Summary
Criminal Appeal – Sentence Appeal – Whether the High Court erred in imposing a minimum term of preventive detention longer than the maximum period of imprisonment for the offending.
Result
The application for leave to appeal is dismissed.
19 December 2017
19 December 2017
Leave judgment - leave dismissed
High Court decision
Judgment appealed from
Case name
Graeme Andrew Joblin v The Queen
Case number
SC 110/2017
Summary
Criminal Appeal – Appeal against conviction – Whether the Court of Appeal erred in finding there was no miscarriage of justice at trial.
Result
A The application for an extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
19 December 2017
B The application for leave to appeal is dismissed.
19 December 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
Ngāti Wāhiao v Ngāti Hurungaterangi and Ngāti Taeotu Me Ngāti Te Kahu O Ngāti Whakaue
Case number
SC 111/2017
Summary
Civil Appeal – Arbitration – Whether Court of Appeal erred in setting aside an arbitral award.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay costs of $2,500 to the respondents
21 December 2017
B The applicant is to pay costs of $2,500 to the respondents
21 December 2017
High Court decision
Leave judgment - leave dismissed
Court of Appeal decision
Case name
Iain McLennan and Boris Van Delden as Liquidators for Neil Timber Limited (In Liquidation) v Boris Livaja, Iwona Grazyna Kotowska-Livaja and Orion Trustee No.1 Limited
Case number
SC 112/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in dismissing the appellant’s appeal in relation to an application that a caveat lodged against a residential property should not lapse.
Result
A The application for leave to appeal is dismissed.
B The applicants are to pay costs of $2,500 to the respondents. 1 February 2018
B The applicants are to pay costs of $2,500 to the respondents. 1 February 2018
High Court decision
Leave judgment - leave dismissed
Case name
Rapata (Robert) LEEF as representative of Ngati Taka v Colin BIDOIS as representative of Pirirakau, AND Jason AKE, Te Pio KAWE, Lance WAAKA, Robert URWIN, Kimiora RAWIRI, Philip HIKAIRO, Stephanie TAIAPA and Mikere WAIRUA as Trustees of Nga Hapu O Ngat
Case number
SC 113/2017
Summary
Civil Appeal – Whether the Court of Appeal erred in holding that the arbitration agreement entered into by Ngāti Taka and Pirirakau replaced an earlier arbitration process agreed among the hapū of Ngāti Ranginui – Whether the Court of Appeal correctly interpreted the earlier agreement – Whether the Court of Appeal erred in holding that the deed of settlement entered into between representatives of all hapū of Ngāti Ranginui and the Crown is final and binding as between Ngāti Taka and Pirirakau.
Result
A The application for leave to appeal is dismissed.
B The applicant is to pay to the first respondent costs of $2,500
21 December 2017
B The applicant is to pay to the first respondent costs of $2,500
21 December 2017
High Court decision
Leave judgment - leave dismissed
Case name
Benjamin Vainu V The Queen
Case number
SC 114/2017
Result
The application for an extension of time to appeal is dismissed.
9 February 2018
9 February 2018
Leave judgment - leave dismissed
BENJAMIN VAINU v R [2018] NZSC 12 [9 February 2018] (PDF, 198 KB)
Court of Appeal decision
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