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
W v The Queen
Case number
SC 71/2017
Summary
Criminal Appeal – Whether the Court of Appeal erred in holding that the trial Judge’s directions as to belief in consent were adequate – Whether the Court of Appeal erred in holding that the youth discount applied to the applicant’s sentencing was sufficient
Result
A An extension of time to apply for leave to appeal is granted.
B The application for leave to appeal is dismissed.
6 October 2017
B The application for leave to appeal is dismissed.
6 October 2017
Leave judgment - leave dismissed
W (SC 71/2017) v R [2017] NZSC 154 [6 October 2017] (PDF, 45 KB)
Judgment appealed from
Case name
Musab Hamdi v The Queen
Case number
SC 72/2017
Summary
Criminal Appeal – Evidence Act 2006, s 32 – Whether the Court of Appeal erred in holding that the trial Judge’s references in summing-up remedied the prosecutor’s breach of s 32 – Whether the Court of Appeal erred in holding there was no trial counsel error creating a miscarriage of justice at the applicant’s trial
Result
A The application for an extension of time is granted.
B The application for leave to appeal is dismissed.
B The application for leave to appeal is dismissed.
District Court decision
Not publicly available
Leave judgment - leave dismissed
MUSAB HAMDI v R [2017] NZSC 134 [5 September 2017] (PDF, 89 KB)
Judgment appealed from
Case name
Jawahar Bhaskar Musuku v Commissioner of Inland Revenue
Case number
SC 73/2017
Summary
Civil Appeal – Court of Appeal (Civil) Rules 2005, r 35 – Whether the Court of Appeal erred in upholding the Deputy Registrar’ s decision declining to dispense with security for costs.
Result
An extension of time is granted but the application for leave to appeal is dismissed.
14 September 2017
14 September 2017
Leave judgment - leave dismissed
Judgment appealed from
Case name
W v The Queen
Case number
SC 74/2017
Summary
Order prohibiting publication of the judgment and any part of the proceedings (including the result) in news media or on the internet or other publicly available database until final disposition of trial. Publication in law report or law digest permitted.
Result
not publicly available
High Court decision
Not publicly available
Judgment appealed from
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
Page 99 of 250