Skip to content. | Skip to navigation


Navigation

Document Actions

Upcoming cases - Supreme Court

                                        

As at 17 October 2018

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below:

OCTOBER 2018

NOVEMBER 2018

DECEMBER 2018

 

Information is added as it becomes available.

October fixtures (PDF, 117 KB)

November fixtures (PDF, 340 KB)

December fixtures (PDF, 265 KB)

October  2018

Date of Hearing 16 October 2018
Judges William Young, Glazebrook, O'Regan, Ellen France and Arnold JJ
Case and appeal type

SC 36/2018

S (SC 36/2018)
v
The Queen

Criminal Appeal

Case summary

Criminal Appeal – Miscarriage of justice – Whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was right to dismiss the appeal on the mode of trial point.

Supreme Court leave application decision S (SC 36/2018) v R [2018] NZSC 64 [30 July 2018]
Court of Appeal decision S (CA377/2017) v R [2018] NZCA 101 [19 April 2018]
District Court decision Not publicly available.

  

 

Date of Hearing 29 October 2018
Judges Elias CJ, William Young, Glazebrook, O'Regan, and Ellen France JJ
Case and appeal type

SC 52/2018

H (SC 52/2018)
v
Refugee and Protection Officer

Civil Appeal

Case summary

Civil Appeal – Immigration Act 2009, s 249 – Whether the Court of Appeal was right to dismiss the applicant’s appeal.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was right to dismiss the appeal.

Supreme Court leave application decision THE CONFIDENTIALITY OF THE NAME AND IDENTIFYING PARTICULARS OF THE APPLICANT AND OF HIS CLAIM OR STATUS MUST BE MAINTAINED PURSUANT TO S 151 OF THE IMMIGRATION ACT 2009.
Court of Appeal decision The confidentiality of the name or identifying particulars of the appellant and of his claim or status must be maintained pursuant to s 151 of the immigration act 2009.
High Court decision Not publicly available.

November 2018

Date of Hearing 12 November 2018
Judges Elias CJ, Glazebrook, O'Regan, Ellen France and Arnold JJ
Case and appeal type

SC 35/2018

Mark Robert Sandman
v
Colin Charles McKay

Roger David Cann
David John Clark

Case summary

Civil Appeal – Whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.

Grounds on which leave was granted

The approved question is whether the Court of Appeal erred in granting summary judgment to the respondents on the cause of action against them.

Supreme Court leave application decision MR SANDMAN v CC MCKAY, RD CANN AND DJ CLARK [2018] NZSC 71 [7 August 2018]
Court of Appeal decision MCKAY & ORS v MARK ROBERT SANDMAN [2018] NZCA 103 [20 April 2018]
High Court decision

M R SANDMAN v R J GIBONEY AND C C MCKAY AND C C MCKAY, R D CANN AND D J CLARK [2017] NZHC 1832 [4 August 2017]

 

 

Date of Hearing 13 November 2018
Judges William Young, Glazebrook, O'Regan, Ellen France and Arnold JJ
Case and
appeal type

SC 47/2018

Ruiren Xu and Diamantina Trust Limited
v
IAG New Zealand Limited

Case summary

Civil Appeal – Whether a replacement benefit payable under an insurance policy issued by the respondent was assignable.

Grounds on which leave was granted

The approved question is whether the Court of Appeal was correct to dismiss the applicants’ appeal against the judgment of Nation J.

Supreme Court leave application decision

RUIREN XU AND DIAMANTINA TRUST LIMITED V IAG NEW ZEALAND LIMITED [2018] NZSC 68 [2 August 2018]

Court of Appeal decision

XU AND ANOR v IAG NEW ZEALAND LIMITED [2018] NZCA 149 [11 May 2018]

High Court decision

XU & DIAMANTINA TRUST LTD v IAG NZ LIMITED [2017] NZHC 1964 [17 August 2017]

 

DECEMBER 2018

 

Date of Hearing 5 December 2018
Judges Elias CJ, William Young, Glazebrook, O’Regan, Ellen France JJ
Case and
appeal type

SC 54/2018

Mathias Ortmann
Bram van der Kolk
Finn Habib Batato
v
The United States of America
District Court at North Shore
Oral hearing – Jurisdiction

Case summary

Civil Appeal –Whether the Court of Appeal erred in dismissing the appeal against the High Court’s dismissal of the application for judicial review of the District Court’s determination under s 24 of the Extradition Act 1999.

SC 55/2018
Finn Habib Batato
v
The United States of America
Oral hearing – Jurisdiction
Case summary

Criminal Appeal – Whether the Court of Appeal erred in upholding the District Court’s determination under s 24 of the Extradition Act 1999 – Whether the Supreme Court of New Zealand has jurisdiction to hear an appeal under the Extradition Act if the proceedings were commenced before 1 July 2013.

SC 56/2018
Mathias Ortmann
Bram van der Kolk
v
The United States of America
Oral hearing – Jurisdiction
Case summary

Criminal Appeal – Whether the Court of Appeal erred in upholding the District Court’s determination under s 24 of the Extradition Act 1999 – Whether the Supreme Court of New Zealand has jurisdiction to hear an appeal under the Extradition Act if the proceedings were commenced before 1 July 2013.

SC 57/2018
Kim Dotcom
v
The United States of America
Oral hearing – Jurisdiction
Case Summary

Criminal Appeal – Whether the Court of Appeal erred in its interpretation and application of the Copyright Act 1994 – Whether the Court of Appeal erred in its findings on the admissibility of evidence challenging the record of the case.

SC 58/2018
Kim Dotcom
v
The United States of America
District Court at North Shore

Oral hearing – Jurisdiction

Case Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing the appeal against the High Court’s dismissal of the application for judicial review of the District Court’s determination under s 24 of the Extradition Act 1999 – Whether the Court of Appeal erred in dismissing the application to adduce further evidence.

Court of Appeal decision

ORTMANN v UNITED STATES OF AMERICA [2018] NZCA 233 [5 July 20]

High Court decision

Mathias Ortmann, Bram Van der Kolk and Finn Habib Batato v The United Staes of America and The District Court at North Shore [2017] NZHC 189 [ 20 Februaryy 2017]