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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 27 May 2019    

Case information summary 2019 (as at 17 May 2019) - cases granted leave to appeal (PDF, 19.5 KB)
Case information summary 2019 (as at 17 May 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 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'Reagan and Ellen France JJ

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.
10 May 2019

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

 

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 

 

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, Glazebrook, O'Regan, Ellen France and Williams 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, Glazebrook, O'Regan, Ellen France and Williams 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

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

Result
High Court / 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, Glazebrook, O'Regan and Ellen France and Williams 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

Civil Appeal – Whether the Court of Appeal was correct to uphold a decision of the High Court striking out the applicants’ claim on the basis it could not succeed by virtue of s 106 of the Commerce Act 1986. 

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

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. 
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]

 

Case number

SC 30/2019

Case Name W v The Queen
Summary

 

Result
Judgment appealed from - District Court Not Publicly Available

 

Case number

SC 31/2019

Case Name Kalana Yasassri Dayaratne v The Queen
Summary

 

Result Criminal Appeal – Child Protection (Child Sex Offender Government Agency Registration) Act 2016, s 9 – Bill of Rights Act 1990, s 9 –Whether the Court of Appeal erred in dismissing the appeal against the order that the applicant be placed on the child sex offender register.
Judgment appealed from - Court of Appeal DAYARATNE v NEW ZEALAND POLICE [2019] NZCA 30 [5 March 2019]

 

Case number

SC 32/2019

Case Name International Consolidated Business Pty Limited v S C Johnson & Son Inc
Summary

 

Result
High Court judgment S C JOHNSON & SON v INTERNATIONAL CONSOLIDATED BUSINESS [2017] NZHC 3238 [19 December 2017]
Judgment appealed from - Court of Appeal INTERNATIONAL CONSOLIDATED BUSINESS PTY LTD v S C JOHNSON & SON INC [2019] NZCA 61 [19 March 2019]

 

Case number

SC 33/2019

Case Name Pavlos Paul Gizelis v The Queen
Summary

 

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

 

Case number

SC 34/2019

Case Name Commissioner of Inland Revenue v Chatfield & Co Limited and Chatfield & Co
Summary

 

Result
High Court judgment CHATFIELD & CO LIMITED v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 3289 [22 December 2017]
Judgment appealed from - Court of Appeal COMMISSIONER OF INLAND REVENUE v CHATFIELD & CO LIMITED [2019] NZCA 73 [28 March 2019]

 

Case number

SC 35/2019

Case Name B v The Queen
Summary

 

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

 

Case number

SC 36/2019

Case Name Michael Edwin Kooiman v F M Custodians Limited 
Summary

 

Result
High Court judgment KOOIMAN v F M CUSTODIANS LIMITED [2018] NZHC 176 [16 February 2018]
Judgment appealed from - Court of Appeal KOOIMAN v FM CUSTODIANS LIMITED [2019] NZCA 76 [1 April 2019]

  

Case number

SC 37/2019

Case Name Vipassana Foundation Charitable Trust Board v Auckland Council, Raymond Myles O'Brien and Victoria Mei Sien Pichler and Auckland Shooting Club Incorporated 
Summary

 

Result
High Court judgment

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL [2017] NZHC 1457 [28 June 2017]

Judgment appealed from - Court of Appeal

VIPASSANA FOUNDATION CHARITABLE TRUST BOARD v AUCKLAND COUNCIL & ORS [2019] NZCA 100

 

Case number

SC 38/2019

Case Name W (SC38/2019) v The Queen
Summary

 

Result
High/District Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal
Not Publicly Available

 

Case number

SC 39/2019

Case Name The Queen v W (SC39/2019) and H (SC39/2019) 
Summary

 

Result
High Court judgment Not Publicly Available
Judgment appealed from - Court of Appeal
Not Publicly Available

  

Case number

SC 40/2019

Case Name 127 Hobson Street Limited and Sunil Govind Parbhu v Honey Bees Preschool Limited and Jason James 
Summary

 

Result
High Court judgment HONEY BEES PRESCHOOL LTD v 127 HOBSON STREET LTD [2018] NZHC 32 [31 January 2018]
Judgment appealed from - Court of Appeal
127 HOBSON STREET LTD v HONEY BEES PRESCHOOL LTD [2019] NZCA 122 [18 April 2019]

 

 Hearing date 27 March 2019

 Hearing date 14 May 2019

Hearing date 20 June 2019

Hearing date 23 July 2019