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Case information 2019

 

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Listed below are the substantive Supreme Court cases for 2019 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 2019 - 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.

Updated 16 April 2019    

Case information summary 2019 (as at 12 April 2019) - cases granted leave to appeal (PDF, 19.5 KB)
Case information summary 2019 (as at 22 March 2019) - cases where leave to appeal decision not yet made (PDF, 19.0 KB)

Hearing date 14 May 2019: SC 1/2019:

Case number

SC 1/2019

Case Name

R (SC 1/2019) V The Queen

Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Date of Hearing, judges

14 May 2019

Winkelmann CJ, William Young, O'Regan, Ellen France and Arnold JJ

Result A The application for leave to appeal is granted (R (CA158/2018) v R [2018] NZCA 529.
B The approved ground of appeal is whether the Court of Appeal was correct to dismiss the appeal.
21 February 2019
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal R (CA158/2018) v R [2018] NZCA 529 [27 November 2018]
Leave judgment - leave granted R (SC 1/2019) v R [2019] NZSC 10 [21 February 2019]

 

Case number

SC 4/2019

Case Name Muhammad Shamsud-Dean SAHU KHAN v Mohammed SHARIFF
Summary

Civil Appeal – Whether the Court of Appeal erred in dismissing an appeal against the decision of the High Court finding that the tort of deceit had not been established on the evidence.  

Result
High Court judgment Sahu Khan v Shariff [2017] NZHC 294 [28 February 2017]
Judgment appealed from - Court of Appeal

 

Hearing date 2 May: SC 7/2019

Case number

SC 7/2019

Case Name Brook Valley Community Group Incorporated v Brook Waimarama Sanctuary Trust, Minister for the Environment and Nelson City Council
Summary

Civil Appeal – Resource Management Act 1991, ss 13, 15 and 360(1)(h) – Whether the discharge of brodifacoum was unlawful – Whether the exempting regulations made under s 360(1)(h) of the Resource Management Act were unlawful – Whether the reduction in the costs award in the High Court was sufficient to reflect the public interest in the case – Whether the Court of Appeal erred in dismissing the appeal 

Result
Date of Hearing

2 May 2019

Winkelmann CJ, Glazebrook and O'Regan JJ

High Court judgment BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2017] NZHC 2665 [31 October 2017]
Judgment appealed from - Court of Appeal

 

Case number

SC 8/2019

Case Name Rene Mischelle de Kwant v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in dismissing the applicant’s appeal against the imposition of a sentence of preventive detention. 

Result
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 

 

Hearing date SC 10/2019 27 March 2019

Case number

SC 10/2019

Case Name

The Queen v K

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.   

Date of Hearing, judges

27 March 2019

Winkelmann CJ, William Young, Glazebrook, O'Reegan and Ellen France JJ

Result
High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 

 

Case number

SC 11/2019

Case Name Talley's Group Limited v Worksafe New Zealand
Summary

Criminal Appeal – Criminal Procedure Act 2011, s 379 – Use of prosecution summary of facts – Whether the Court of Appeal erred in not dismissing the defective charging documents – Whether the Court of Appeal erred in not considering the prosecution’s actions amounted to an abuse of process. 

Result
High Court judgment WORKSAFE NEW ZEALAND v TALLEYʼS GROUP LIMITED [2017] NZHC 1103 [25 May 2017]
Judgment appealed from - Court of Appeal
Leave judgment - leave dismissed

 

Case number

SC 14/2019

Case Name M(SC 14/2019) The Queen
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

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.
28 February 2019

High Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Not publicly available 

 

Hearing date 2 May : SC15/2019

Case number

SC 15/2019

Case Name Eight Mile Style, LLC & Martin Affiliated, LLC v New Zealand National Party and Greg Hamilton
Summary

Civil Appeal – Copyright Act 1994, s 121– User principle – Whether the Court of Appeal erred in its application of damages principles.      

Result
Date of Hearing

2 May 2019

Glazebrook, William Young and O'Regan JJ

High Court judgment EIGHT MILE STYLE v NEW ZEALAND NATIONAL PARTY [2017] NZHC 2603 [25 October 2017]
Judgment appealed from - Court of Appeal

 

Case number

SC 16/2019

Case Name Matthew John Young v The Queen
Summary

 

Result
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal

 

Hearing date 20 June 2019 SC 17/2019 and SC 18/2019:

Case number

SC 17/2019

Case Name Brooke Christie Rolleston v The Queen
Summary

Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019
Hearing date

20 June 2019

Winkelmann CJ, William Young, Glazebrook, O'Regan, Ellen France JJ

High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave granted

 

Case number

SC 18/2019

Case Name Brandon James Roche v The Queen
Summary

Criminal Appeal – Whether a member of the jury appeared biased – Whether the Court of Appeal erred in dismissing the appeal against conviction. 

Result A Leave to appeal is granted to the applicants (Rolleston v R [2018] NZCA 611).
B The approved question is whether the Court of Appeal was correct to dismiss the conviction appeals.
21 March 2019
Hearing date

20 June 2019

Winkelmann CJ, William Young, Glazebrook, O'Regan, Ellen France JJ

High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal
Leave judgment - leave granted

 

Case number

SC 19/2019

Case Name Robert John Solomon Grace v The Queen
Summary

 

Result
High Court / District Court judgment Not publicly available
Judgment appealed from - Court of Appeal

 

Case number

SC 20/2019

Case Name Paora Tahau v The Queen
Summary

Criminal Appeal – Whether the Court of Appeal erred in finding that the conviction verdict of the jury was not unreasonable nor inconsistent with its acquittal verdicts. 

Result
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal

 

Hearing date 23 July SC23/2019:

Case number

SC 23/2019

Case Name The Queen v R and W
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 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.
4 April 2019
Date of hearing

23 July 2019

Winkelmann CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

District Court judgment Not publicly available
Judgment appealed from - Court of Appeal Not publicly available

 

Case number

SC 24/2019

Case Name Blue reach Services Limited and Blue Reach Wireless Limited v Spark New Zealand Trading Limited
Summary

 

Result
High Court judgment BLUE REACH SERVICES LTD v SPARK NEW ZEALAND TRADING LTD [2018] NZHC 847 [30 April 2018]
Judgment appealed from - Court of Appeal BLUE REACH SERVICES AND BLUE REACH WIRELESS LIMITED v SPARK NEW ZEALAND TRADING LIMITED [2019] NZCA 2 [12 February 2019]

 

Case number

SC 25/2019

Case Name David Noel Roigard v The Queen 
Summary

Criminal Appeal – Whether the Court of Appeal erred in relation to evidential matters (namely jury directions and prejudice in relation to cellmate confession evidence) – Whether the Court of Appeal wrongly determined aggravating factors in determining a minimum period of imprisonment.   

Result
High Court judgment R v ROIGARD [2016] NZHC 166 [15 February 2016]
Judgment appealed from - Court of Appeal ROIGARD v R [2019] NZCA 8 [13 February 2019]

 

Case number

SC 26/2019

Case Name D(SC 26/2018) v The Queen
Summary

 

Result
District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal D (CA54/2018) v R [2019] NZCA 1 [5 February 2019]

 

Case number

SC 27/2019

Case Name FTG Securities Limited v Bank of New Zealand, Stephen John Tubbs, Colin Anthony Gower and Robert Bruce Walker
Summary

 

Result
District Court judgment Not publicly available
Judgment appealed from - Court of Appeal FTG SECURITIES LIMITED v BANK OF NEW ZEALAND [2019] NZCA 16 [20 February 2019]

 

Case number

SC 28/2019

Case Name D v The Queen
Summary

 

Result
District Court judgment Not publicly available
Judgment appealed from - High Court Not publicly available

 

Case number

SC 29/2019

Case Name Vivien Judith Madsen-Ries and Henry David Levin as liquidators of Debut Homes Limited and Debut Homes Limited (in liquidation) v Leonard Wayne Cooper and Leonard Wayne Cooper and Tracey Cooper as trustees of the L & T Cooper Family Trust
Summary

 

Result
High Court judgment DEBUT HOMES LIMITED (IN LIQUIDATION) v COOPER [2018] NZHC 453 [15 March 2018]
Judgment appealed from - Court of Appeal COOPER v DEBUT HOMES LIMITED (IN LIQUIDATION) [2019] NZCA 39 [8 March 2019]

 

 

 Hearing date 27 March 2019

Hearing date 2 May 2019

Hearing date 2 May 2019

 Hearing date 14 May 2019

Hearing date 20 June 2019

Hearing date 23 July 2019