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Upcoming cases - Supreme Court

As at 19 July 2017

Sittings of the Supreme Court are open to the public.

Upcoming fixtures are set out below. Note information is added as it becomes available.

Fixture list for July 2017 (PDF, 208 KB)

Fixture list for August 2017 (PDF, 331 KB)

July 2017

Date of hearing	27 and 28 July 2017
Case	SC 150/2016 Fonterra Co-operative Group Limited v McIntyre J E Hodder QC, D T Street and H K Wham v McIntyre and Williamson Partnership & Ors D J Goddard QC and B M Russell
Judges	Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case summary	Civil appeal – s 106 Dairy Industry Restructuring Act 2001 - Whether the Court of Appeal erred in finding that the respondents were “new entrants” for the purpose of s 106 – Whether the Court of Appeal erred in finding that the appellant breached s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was right to answer the following two questions in the affirmative: (a) Were the respondents “new entrants” for the purposes of s 106 of the Dairy Industry Restructuring Act 2001? (b) If so, did the appellant breach s 106 in offering the respondents the terms of supply set out in the milk supply agreements signed by the respondents?
High Court judgment	MACINTYRE AND WILLIAMSON PARTNERSHIP v FONTERRA CO-OPERATIVE GROUP LIMITED [2015] NZHC 3012 [01 December 2015]
Court of Appeal judgment	FONTERRA CO-OPERATIVE GROUP LIMITED v MCINTYRE AND WILLIAMSON PARTNERSHIP AND ORS [2016] NZCA 538 [16 November 2016]
SC leave judgment	FONTERRA CO-OPERATIVE GROUP LIMITED v MCINTYRE AND WILLIAMSON PARTNERSHIP AND OTHERS [2017] NZSC 47 [10 April 2017]

August 2017

Date of hearing	8 August 2017
Case	SC 10/2017 Craig Duthie and Kirsten Taylor-Ruiterman and G D Pearson and J K Scragg DRK Chartered Accountants Ltd G D Pearson and J K Scragg v Denise Michelle Roose, K J Crossland and J S Langston Denise Developments Ltd, and K J Crossland and J S Langston DMR Development Limited K J Crossland and J S Langston Civil Appeal
Judges	Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case summary	Civil Appeal – Whether the Court of Appeal erred in finding that the causes of action brought by the respondents in tort were not time barred.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was right to find that the cause of action in tort accrued when the agreement for sale and purchase between Denise Developments Ltd and DMR Development Ltd was settled rather than when the agreement became unconditional.
Supreme Court leave application decision	DUTHIE AND TAYLOR-RUITERMAN v DENISE MICHELLE ROOSE [2017] NZSC 57 [2 May 2017]
Court of Appeal decision	ROOSE v DUTHIE [2016] NZCA 600 [15 December 2016]
High Court decision	ROOSE v DUTHIE [2015] NZHC 2035 [27 August 2015]

Date of hearing	10 August 2017
Case	SC 37/2017 Southland Indoor Leisure Centre Charitable Trust M G Ring QC and C J Jamieson v Invercargill City Council D J Heaney QC and K B Dillon Civil Appeal
Judges	Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case Summary	Civil Appeal – Whether the Court of Appeal erred in finding that no duty of care was owed by the Invercargill City Council to the Southland Indoor Leisure Centre Charitable Trust – Whether the Court of Appeal erred in its application of limitation and contributory negligence principles.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to reverse the judgment of Dunningham J
Supreme Court leave application decision	SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2017] NZSC 81 [30 May 2017]
Court of Appeal decision	INVERCARGILL CITY COUNCIL v SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST [2017] NZCA 68 [21 March 2017]
High Court decision	SOUTHLAND INDOOR LEISURE CENTRE CHARITABLE TRUST v INVERCARGILL CITY COUNCIL [2015] NZHC 1983 [20 August 2015]

Date of hearing	22 August 2017
Case	SC 54/2017 V (Name Suppression – Pre-trial) S J Gray and S P H Elliot v The Queen R K Thomson Criminal Pre-Trial Appeal
Judges	Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ
Case Summary	Order prohibiting the 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 the final disposition of retrial. Publication in a law report or law digest is permitted.
Grounds on which leave was granted	Order prohibiting the 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 the final disposition of retrial. Publication in a law report or law digest is permitted
Supreme Court leave application decision	(not publically available)
Court of Appeal decision	(not publically available)
District Court decision	(not publically available)

Date of hearing	24 and 25 August 2017
Case	SC 26/2017 Wellington International Airport Ltd D J Goddard QC and V L Heine v NZ Air Line Pilots’ Association Industrial Union of Workers Inc H B Rennie QC and E M Geddis Director of Civil Aviation F M R Cooke QC and M S Smith SC 30/2017 Director of Civil Aviation F M R Cooke QC and M S Smith v NZ Air Line Pilots’ Association Industrial Union of Workers Inc H B Rennie QC and E M Geddis Wellington International Airport Ltd D J Goddard QC and V L Heine Civil Appeals
Judges	Elias CJ, William Young, Glazebrook, Ellen France, Arnold JJ
Case Summary	Civil Appeal – Civil Aviation Rules, Part 139 – Whether the Court of Appeal erred in its interpretation of the term “practicable” in Part 139 of the Civil Aviation Rules – Whether the Court of Appeal erred in its consideration of the matters that the Director of Civil Aviation may take into account.
Grounds on which leave was granted	The approved question is whether the Court of Appeal was correct to allow the first respondent’s appeal to that Court.
Supreme Court leave application decision	WELLINGTON INTERNATIONAL AIRPORT LTD v NEW ZEALAND AIR LINE PILOTS’ ASSOCIATION INDUSTRIAL UNION OF WORKERS INC [2017] NZSC 70 [16 May 2017]
Court of Appeal decision	NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V DIRECTOR OF CIVIL AVIATION [2017] NZCA 27 [28 February 2017]
High Court decision	NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 1528 [6 July 2016]

September 2017

Date of hearing	5, 6 and 7 September 2017
Case	SC 135/2016 Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Merchant Partners LP, and First New Zealand Capital, and Forsyth Barr Limited Case summary
Judges	TBC

Date of hearing

5, 6 and 7 September 2017

Case

SC 135/2016

Eric Meserve Houghton v Timothy Ernest Corbett Saunders, Samuel John Magill, John Michael Feeney, Craig Edgeworth Horrocks, Peter David Hunter, Peter Thomas and Joan Withers, and Credit Suisse Private Equity Inc, and Credit Suisse First Boston Asian Merchant Partners LP, and First New Zealand Capital, and Forsyth Barr Limited

Case summary

Judges

TBC

October 2017

Date of hearing	3 October 2017
Case	SC 136/2016 Glenn Roderick Holland v The Chief Executive of the Department of Corrections
Judges	Elias CJ, William Young, Glazebrook, O'Regan and Ellen France JJ

Date of hearing	5 October 2017
Case	SC 23/2017 Anna Elizabeth Osborne and Sonya Lynne Rockhouse v Worksafe New Zealand and District Court at Wellington
Judges	Elias CJ, William Young,Glazebrook,O'Regan and Ellen France JJ